OEA/Ser.L/V/II.13
Doc. 26 (English)
March 2, 1966
Original: Spanish
INTER-AMERICAN COMMISSION ON HUMAN
RIGHTS
REPORT ON THE WORK ACCOMPLISHED
DURING ITS TWELFTH SESSION
October 4 to 15, 1965
PAN AMERICAN UNION
General Secretariat, Organization of American States
Washington, D.C.
TABLE OF CONTENTS
I. Organization of the Twelfth Session 4
Opening Date and Length of Session 4
Members of the Commission and Participants 4
Meetings and Documents 5
II. Agenda 6
III. Reports on the Work Accomplished by the Commission During its Tenth and
Eleventh (Special) Sessions 7
IV. Report of the Executive Secretary on the Activities of the Secretariat Between the
Tenth and Twelfth Sessions 7
Examination of the Action of the Commission in the Dominican Republic 8
Reports of members representing the Commission following the Eleventh Session (Special) 8
Reports of Mrs. Angela Acuna de Chacon 8
Report of Dr. Durward V. Sandifer 9
Report of Dr. Carlos Alberto Dunshee de Abranches 9
Report of the Chairman of the Commission 10
Draft Report on the Activities of the Commission, prepared by the Secretariat 10
Determination of the activities to be undertaken by the Commission in the
Dominican Republic until the installation of an elected government, in
accordance with the Resolution adopted by the Commission during its
Eleventh Session (Special) and with the provisions of Article 51 of the
Dominican Institutional Act 11
VI. Situation of Human Rights in American Countries 13
Report of the Subcommittee 13
New communications or complaints 14
Requests for information from governments and replies received 14
Report of the Chairman of the Commission on his visit to Paraguay 14
Examination of the situation of human rights in other American counties 15
VII. Activities Relating to the General Work Program 17
Situation of political refugees in the Americas. Draft Report prepared by the Secretariat 17
Report to the Second Special Inter-American Conference 20
VIII. Communication to the Council of the Organization 20
IX. Date and Place of the Thirteenth Session 20
Closing of the Session 20
Appendix 22
INTER-AMERICAN COMMISSION ON HUMAN
RIGHTS
REPORT ON THE WORK ACCOMPLISHED DURING ITS TWELFTH SESSION
October 4 to 15, 1965
I. ORGANIZATION OF THE TWELFTH SESSION
A. Opening Date and Length of Session
1. The Inter-American Commission on Human Rights held its Twelfth Session
from October 4 to 15, 1965, at its permanent headquarters in the Pan American Union,
Washington, D.C.
2. The Subcommittee, which is responsible for the Preliminary consideration of
the communications or complaints addressed to the Commission, for making pertinent
recommendations to the Commission, and for preparing a draft agenda, met on September
30 and October 1, 1965.
3. The opening meeting took Place at 10:30 a.m. on Monday, October 4, in the
Columbus Room of the Pan American Union.
4. In declaring the Twelfth Session open, the Chairman of the Commission, Professor Manuel Bianchi, welcomed the members and expressed his satisfaction at the fact that all members of the Commission were present at that time. He excused the absence of Dr. José A. Mora, Secretary General of the Organization of American States, and that of Dr. William Sanders, Assistant Secretary General, who were unable to attend the opening meeting because of their absence from Washington.
He stated that the Commission had important matters to consider at this session, including among others, the matter of the Commission's presence in the Dominican Republic in order to secure the observance of human rights and of the freedoms stipulated in the Second Part of the Institutional Act of that country.
The Chairman added that studies should also be made of the draft reports prepared
by the Secretariat in regard to political refugees in the Americas and to the Commissions
activities in the Dominican Republic. Finally, he stressed the importance, for the future
of the Commission, of the Second Special Inter-American Conference, to which the
Commission would present a report on its six years of work; this report would also
include a suggestion that the powers of the organization be made more extensive.
B. Members of the Commission and Participants
5. The Inter-American Commission on Human Rights is composed of the following persons:
Name Nationality
Mrs. Angela Acuna de Chacon Costa Rica
Prof. Manuel Bianchi Chile
Dr. Carlos Alberto Dunshee de Abranches Brazil
Dr. Gonzalo Escudero Ecuador
Dr. Gabino Fraga Mexico
Dr. Daniel Hugo Martins Uruguay
Dr. Durward V. Sandifer United States
All members attended the Twelfth Session.
C. Meetings and Documents
6. The Commission held ten meetings during this period. The Secretariat
prepared the summary minutes of these meetings, which are reserved for the exclusive
use of the members.
7. In accordance with the provisions of Article 34 of the Regulations of the
Commission, the Secretariat submitted a list of the communications or complaints
received prior to this session. This document was prepared in chronological order by
countries.
8. The Secretariat also issued the following documents:
Draft Report on the political refugees in America (Doc. 7-XI, Rev.).
Draft Report on the activities of the Inter-American Commission on Human Rights in the Dominican Republic - June 1 to August 31, 1965 (Doc. 14-XIII, Rev.)
Visit to Paraguay, report prepared by the Chairman of the Commission (Doc. 5-XIII).
9. Several members of the Commission who had represented it in the Dominican Republic prepared reports on their activities. The Secretariat Published these documents, which are the following:
Mission in the Dominican Republic (Doc. 8-XIII) and Work of the Inter-American Commission on Human flights in the Dominican Republic (Doc. 9-XIII), both by Mrs. Angela Acuna de Chacon.
Mission to the Dominican Republic, Second Report (Doc. 3-XIII), by Dr. Carlos Alberto Dunshee de Abranches.
Mission in the Dominican Republic (Doc. 4-XIII), by Dr. Durward V. Sandifer. Report of the Chairman of the Commission (September 9-27).
The Secretariat also issued several press releases through the Press Division of the
Pan American Union, informing the public of the Commission's activities.
10. Technical and administrative services were rendered by the Secretariat,
composed of Dr. Luis Reque, Executive Secretary, and Drs. Guillermo Cabrera, Alvaro
Gomez and Renzo Minut.
II. AGENDA
11. At its first meeting, the Commission approved the following agenda for its
Twelfth Session:
1. Reports prepared by the Secretariat on the work accomplished by
the
Commission at its Tenth Session and Eleventh (Special) Session.
2. Report of the Executive Secretary on the activities of the
Secretariat
between the Tenth and Twelfth Sessions.
3. Examination of the action of the Commission in the Dominican Republic.
a) Reports of members who had represented the Commission
subsequent to
the Eleventh Session.
b) Draft report on the activities of the Commission, prepared by the
Secretariat.
c) Determination of the activities to be carried out by the Commission
up to
the date of installation of the government-elect, in accordance with the
Resolution approved by the Commission at its Eleventh Session and with
Article 51 of the Institutional Act.
4. Situation of human rights in the countries of the Americas.
a) Report of the Subcommittee concerning the communications or
claims
received.
b) Report of the Chairman on his visit to Paraguay,
c) Examination of the situation of human rights in other countries of
the
Americas.
5. General Work Program:
a) Situation of political refugees in the Americas. Draft report
prepared by the
Secretariat.
b) Report to the Second Special Inter-American Conference.
Information
submitted by the Chairman with respect to the interviews with the Ministers
of Foreign Relations of Argentina, Chile and Uruguay.
Date and place of the Thirteenth Session.
7. Other matters.
III. REPORTS ON THE WORK ACCOMPLISHED BY THE
COMMISSION
DURING ITS TENTH AND ELEVENTH (SPECIAL) SESSIONS
12. At its fourth meeting, held on October 8, 1965, the Commission approved the
draft reports prepared by the Secretariat on the work accomplished during the Tenth and
Eleventh (Special) sessions, held at Washington from March 15 to 26 and July 21 to 23,
1965 (OAS/Ser.L/V/II.11, Doc. 19, 2 July 1965 and OAS/Ser.L/V/II.12, Doc. 10, 20
September 1965).
13. The reports mentioned provide a methodical account of the activities carried out during the corresponding sessions.
The first document refers to four principal topics, including among others:
a. Violations of human rights in American countries, specifically in the cases of Cuba, Guatemala and Paraguay; b. Situation of political refugees in the Americas; c. Draft Convention on Freedom of Expression, Information and Investigation; and d. Report of the Inter-American Commission on Human Rights to the Second Special Inter-American Conference.
The second report refers basically to the two matters occupying the attention of the
Commission during its Eleventh Session: a. Situation of human rights in the Dominican
Republic, and b. Activities of the Commission in the Dominican Republic.
IV. REPORT OF THE EXECUTIVE SECRETARY ON THE
ACTIVITIES OF
THE SECRETARIAT BETWEEN THE TENTH AND TWELFTH SESSIONS
14. The Executive Secretary reported to the Commission on the activities of the Secretariat during the period from March 26, 1965, closing date of the Tenth Session, to September 30, 1965, the date on which the Subcommittee began its work prior to the Twelfth Session.
In this report, mention was made of the communications received and of the manner in which they were dealt with.
The Executive Secretary also informed the Commission of the work carried out in the Dominican Republic to make possible action by the Commission, providing details on the work of the organization and functioning of the Office established at Santo Domingo.
15. The report concluded with mention of the work carried out by the Secretariat
during the meetings held by the Subcommittee in Washington from June 22 to 24, 1965;
the work related to the Eleventh Session (Special); and the cooperation extended to the
Chairman in connection with his visit, in August 1965, to Chile, Argentina, Paraguay and
Uruguay.
16. Finally, with reference to the General Work Program, it was noted that the Secretariat had published the above mentioned Draft Report on the situation of political refugees in the Americas; that a study had been completed on the right of petition, and that work had gone forward on the completion of a background document on the subject: The International Protection of Human Rights Since 1959.
The latter two documents were given to the rapporteurs for those subjects.
V. EXAMINATION OF THE ACTION OF THE COMMISSION
IN THE
DOMINICAN REPUBLIC
A. Reports of members representing the Commission following the Eleventh Session (Special)
17. At the eighth meeting, Mrs. Angela Acuna de Chacon, Dr. Durward V. Sandifer, Dr. Carlos A. Dunshee de Abranches and the Chairman, Prof. Bianchi, referred
to the reports submitted by them in connection with their activities in the Dominican
Republic as representatives of the Commission. These reports are reserved for the
exclusive use of members of the Commission.
i. Reports of Mrs. Angela Acuna de Chacon
18. Mrs. Angela Acuna de Chacon submitted two reports: Mission in the
Dominican Republic (Doc. 8-XIII) and Work of the Inter-American Commission on
Human Rights in the Dominican Republic (Doc. 9-XIII).
19. The first of these reports summarizes the activities of the Commission's representative during the period from July 25 to August 5, 1960.
The report covers her interviews held with the authorities, the manner in which the complaints and claims received were handled, and the visits made to prisons.
It gives details (with the pertinent documents included in the Appendix) on the
negotiations held with the Government of National Reconstruction to consider the
situations of the numerous persons held under arrest for long periods, without the
initiation of any investigation to ascertain their responsibility or guilt.
20. The second report prepared by Mrs. Acuna de Chacon relates the different activities carried on by the representative on behalf of political prisoners, and discusses the efforts made to procure the release of certain minors held in "La Victoria" Penitentiary.
ii. Report of Dr. Durward V. Sandifer
21. The report submitted by Dr. Durward V. Sandifer refers to the work accomplished by him in his capacity as the Commissions representative from August 11 to 20, 1965.
The report begins by stating that the number of denunciations and complaints had declined with respect to the number submitted during his first period of action in the Dominican Republic.
It adds that the Amnesty Board established by the Government of National
Reconstruction had freed about 2,400 prisoners held in "La Victoria" Penitentiary, and
stresses the danger existing that some political prisoners may be accused of common
crimes in order to hinder or block their release.
22. The report concludes by relating the interviews held with the several
authorities of the two contending governments, and describing the visits made to prisons. The
document has three appendices containing an account of the visits,
supplementing the data provided in the text of the report.
iii. Report of Dr. Carlos Alberto Dunshee de Abranches
23. Dr. Carlos Alberto Dunshee de Abranches submitted his second report, entitled: Mission in the Dominican Republic (Doc. 3-XIII), which covers his activities from August 23 to September 5, 1965.
In his report, Dr. Abrancnes, after referring to the general situation of human rights
in the country and mentioning routine activities, relates in detail the Commissions work
in the negotiations which led to the release of all military prisoners who had been held in
the prisons of the two contending governments.
24. Dr. Abranches describes in detail the manner in which the soldiers imprisoned
in Ozama Fortress and "La Victoria" Penitentiary were given their freedom, and states
that they were handed over to him in his capacity as representative of the Commission. He also
discusses some of the principal cases in which he acted personally; he
reports on the two interviews held with the Provisional President, Dr. Hector Garcia
Godoy; finally, he makes certain suggestions concerning the manner in which the future
work of the Commission in the Dominican Republic should be planned
iv. Report of the Chairman of the Commission
25. The Chairman of the Commission, Prof. Bianchi, made an oral report on the
activities carried out in the Dominican Republic from September 9 to 27. He pointed out
that he had given already confidential information, during previous meetings, in regard to
the decisions he had to take after his preliminary report of June 23, 1965.
B. Draft Report on the Activities of the Commission, prepared by the Secretariat
26. At its ninth meeting, the Commission considered the Draft Report on the activities of the Inter-American Commission on Human Rights in the Dominican Republic (Doc. 14-XIII), prepared by the Secretariat.
This document gives an objective account of the work of the Commission in the
Dominican Republic from June 11, 1965 to the date on which Dr. Héctor Garcia Godoy
took office as Provisional President.
27. The section entitled "Background" gives the texts of the invitations addressed to the Commission to be present in the Dominican Republic; it relates the manner in which the Commission was represented and explains the legal bases for its actions.
28. The report makes reference to the meeting of the Subcommittee held from
June 22 to 24, 1965, and to the Eleventh Session (Special) held from July 21 to 23; at
these meetings, the problem of human rights in the Dominican Republic was considered.
29. In discussing the matter of actions within the territory of the Dominican
Republic, the report describes the interviews conducted by representatives of the
Commission with various national and international authorities, gives a minute account of
the negotiations carried out by the Commission, and relates the different visits made to
cities and towns in the interior of the country.
30. Finally, the draft report prepared by the Secretariat includes a study of the
violations verified, arranging the different cases according to the type of right infringed.
The cases are thus classified according to violations of the right to life; to liberty and
safety; of the right to freedom from arbitrary imprisonment; to property; of the right of
assembly, opinion, expression and publication; of the right of residence and transit, and
of the right to the inviolability of the home.
31. In general, the Commission approved the draft report, instructing the
Secretariat to make certain modifications.
C. Determination of the activities to be undertaken by the Commission in
the
Dominican Republic until the "Installation of an elected government, in
accordance with the Resolution adopted by the Commission during its Eleventh
Session (Special) and with the provisions of Article 51 of the Dominican
Institutional Act
32. During the ninth and tenth meetings, the Commission considered the matter of
future actions in the Dominican Republic, until such time as an elected government is
installed.
33. The Subcommittee, meeting in Washington from June 22 to 24, 1965, had previously resolved that the Chairman would continue to act in the Dominican Republic, to the extent of his powers, until a special meeting of the Commission was held to consider the Dominican case.
At this meeting, the Eleventh Session (Special) held from July 21 to 23, 1965, the
Commission resolved to authorize its Chairman to maintain a representation of the
Commission in the Dominican Republic until the a installation of the Provisional
Government.
34. It was further agreed that the Commission would remain in the Dominican
Republic after the installation of the said Government, provided that the presence of the
Commission in Dominican territory was authorized by that Government.
35. On September 27, 1965, the Dominican Government sent a communication to
the Chairman of the Commission, requesting the presence of the Commission in
Dominican territory. The text of this communication is as follows:
Santo Domingo, N.D. September 27, 1965
No. 1254
Excellency:
I have the honor to address you, under instructions from my government, to
request, in accordance with the provisions of Article 51 of the Institutional Act, that the
Inter-American Commission on Human Rights remain in the Dominican Republic until
the installation of the government that will emanate from the next elections.
My government wishes to inform you hereby that the Commission may count upon
our full cooperation for the purpose of permitting the faithful observation of the
provisions contained in the Second Part of the Institutional Act, regarding human rights
and the basic freedoms.
I shall await news from you regarding the request contained in the present Note.
Accept, Excellency, the assurance of my highest consideration.
(s) Rafael Mencia Lister
Vice Minister of Foreign Affairs
His Excellency
Mr. Manuel Bianchi
Chairman of the Inter-American
Commission on Human Rights
City
36. After an extensive exchange of ideas, the Commission unanimously adopted the following Resolution:
The Inter-American Commission on Human Rights
In view of the invitation that has been extended to it by the Provisional
Government of the Dominican Republic, in accordance with the provisions of Article 51
of the Institutional Act,
RESOLVES:
1. To accept and to express its appreciation for the invitation because of the
reiterated confidence thereby expressed by the Dominican Government in the work of the
Commission.
2. To maintain its office in Santo Domingo, and to go to Dominican territory, if
the circumstances make this advisable, as a complete group or through the sending of a
subcommittee, or its Chairman, or members of the Commission individually, representing
it.
3. To continue, in the Dominican Republic, in accordance with the competence
established in its Statute, its Regulations, and the practice already observed in that
country by the Commission, the defense of the human rights set forth in the American
Declaration of the Rights and Duties of Man, and particularly those envisaged in the
Second Part of the Institutional Act, insofar as they coincide with those set forth in the
said Declaration, maintaining, in the performance of its functions, the respect due to the
Personality, sovereignty and independence of that American state.
37. As a result, it was agreed to send the following note to the Dominican
Government:
October 19, 1965
Mister Vice Minister:
With reference to your kind note of September 27, in which you requested that, in
accordance with the provisions of Article 51 of the Institutional Act, the Inter-American
Commission on Human Rights remain in the Dominican Republic until the installation of
the government that will emanate from the next elections, I wish to make known to you
that the Commission accepts, and is thankful for, this significant honor, which shows the
reiterated confidence placed in the work it has been doing in that noble nation.
The Commission will continue, in accordance with its competence, to defend
human rights in general, and particularly those envisaged in the Second Part of the
Institutional Act, thus maintaining, in the fulfillment of its duties, the respect due to the
personality, sovereignty and independence of the Dominican Republic.
Accept, Sir, the renewed assurance of my highest consideration.
Manuel Bianchi
Chairman
His Excellency
Dr. Rafael Mencia Lister
Vice Minister of Foreign Affairs
Santo Domingo, Dominican Republic
VI. SITUATION OF RIGHTS IN AMERICAN
COUNTRIES
A. Report of the Subcommittee
38. The Subcommittee is composed of the following members:
Chairman: Prof. Manuel Bianchi
Members: Dr. Gonzalo Escudero
Dr. Durward V. Sandifer
39. In accordance with the provisions of the Regulations of the Commission, the Subcommittee met on September 30 and October 1, 1965, to make a preliminary study of the communications or complaints received by the Commission and to prepare a draft agenda for the Twelfth Session.
Prof. Manuel Bianchi, Chairman and Dr. Durward V. Sandifer, Member, were
present at the meetings.
40. Upon completing its work, the Subcommittee issued a report (Doc.7-XIII) for the Commission, giving an account of the manner in which the 91 communications or complaints addressed to the Commission were studied and considered; these had been previously arranged by the Secretariat (Doc. 2-XIII). The Subcommittee made appropriate recommendations in each case.
The report also includes a draft agenda for the Twelfth Session.
41. The Commission approved the report of the Subcommittee at its second
meeting, and instructed the Secretariat to carry out the recommendations made therein.
B. New communications or complaints
42. The Commission also considered the new denunciations received in the course
of the session, which are listed in an Addendum prepared by the Secretariat. It was
agreed to deal with them in accordance with the Regulations.
C. Requests for information from governments and replies received
43. During the period between the Eleventh (Special) and Twelfth Sessions,
information was requested from the governments of Colombia, Ecuador, Guatemala,
Paraguay and United States, replies were received from these governments.
D. Report of the Chairman of the Commission on his visit to Paraguay
44. At the Tenth Session, the Commission authorized the Chairman and the
Executive Secretary to visit Paraguay in order to make a preliminary study of the situation
of human rights in that country. To this end, the Chairman of the Commission initiated
negotiations with the Ambassador of Paraguay at Santiago, Chile.
45. In May 1965 the Government of Paraguay, acting through its Ambassador in
Chile, notified Professor Manuel Bianchi that it would be most pleased at his visit and
that of the Executive Secretary; this was made known to the Commission at its Eleventh
Session (Special). The Commission gave its assent to the permission given by the
Paraguayan Government, and the visit took place in mid-August of 1965.
46. During the second meeting, the Chairman submitted for the consideration of the Commission the report on his visit to Paraguay, accompanied by the Executive Secretary (Doc. 5-XIII).
This document, which is confidential, gives the background of the visit and reports on the interviews held with the President of the Republic, the Minister of Foreign Affairs, and the Minister of Justice. It contains an account of the denunciations received during the visit and, in Appendix A, presents the text of one of these denunciations. Appendix B contains a summary of the communications received in regard to violations of human rights in Paraguay, and of the information provided on these cases to the Commission by the Government of that country.
Prof. Manuel Bianchi concludes his report with a chapter entitled "Conclusions",
followed by three recommendations to the Commission.
47. After an extensive discussion of this point, in which all members took part, it was agreed:
1. To authorize the Chairman to begin negotiations so that a Subcommittee may visit the Republic of Paraguay, and
2. To appoint a provisional Subcommittee composed of the Chairman, Prof.
Manuel Bianchi, and Drs. Carlos Alberto Dunshee de Abranches and Daniel Hugo
Martins, to carry out this visit.
Examination of the situation of human rights in other American countries
48. The Commission considered the situation of human rights in Cuba and Guatemala.
49. With respect to Cuba, the Commission, pursuant to a decision taken at its Fifth Session, had requested the Cuban Governments permission to enter the territory of that country. That request was not answered by the Cuban Government.
Subsequently, in 1962, a great number of communications continued to be received, denouncing the bad treatment of political prisoners and their relatives in Cuba, many of them making special mention of the treatment accorded to female prisoners.
In April 1963 the Commission, after requesting permission of the Government of the United States, went to Miami to receive the testimony of numerous Cubans who were former political prisoners. Hearings were granted an that occasion to more than 80 persons, who provided extensive information concerning the situation of political prisoners in Cuba.
On the basis of the information contained in the communications received and that gathered in Miami, the Commission prepared the document entitled: "Report on the situation of political prisoners and their relatives in Cuba" (OAS/Ser.L/V/II.7, Doc. 4). Recently, the Commission has continued to receive numerous communications denouncing violations of human rights in Cuba and requesting action by the Organization.
In view of the above, and considering the serious nature of some of these denunciations, the Commission agreed:
1. To again request permission of the Government of Cuba to visit that country in order to make an on-site inspection of the situation of human rights.
2. To issue a press release concerning the activities carried out by the
Commission with respect to the situation of human rights in Cuba, making
reference to the impossibility of the Commissions being able to visit that
country without the permission of its Government, and to the decision taken
at the present session.
50. The text of the cablegram sent to the Government of Cuba is as follows:
HIS EXCELLENCY
RAUL ROA
MINISTER OF FOREIGN AFFAIRS
HABANA (CUBA)
ON SEPTEMBER 28, 1962, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS SENT YOU A CABLE, REQUESTING PERMISSION OF THE GOVERNMENT OF CUBA TO HOLD PART OF ITS FIFTH SESSION IN THAT COUNTRY. AT ITS PRESENT SESSION, AND IN ACCORDANCE WITH THE POWER GRANTED TO IT UNDER ARTICLE 11.C OF ITS STATUTES, THE COMMISSION HAS DECIDED TO REPEAT THIS REQUEST. THEREFORE, I HAVE BEEN GIVEN THE RESPONSIBILITY OF ASKING THE GOVERNMENT OF CUBA, THROUGH YOU, TO ALLOW THE COMMISSION TO GO TO CUBA TO STUDY THE SITUATION REGARDING HUMAN RIGHTS. ACCEPT, SIR, THE RENEWED ASSURANCES OF MY HIGHEST CONSIDERATION.
MANUEL BIANCHI
CHAIRMAN
This cable was not answered.
51. On numerous occasions the Commission has concerned itself with the situation of human rights in Guatemala.
During its Seventh Session, the Commission instructed the Secretariat to prepare a background document for that country. This document (Doc. 7-VIII), which is confidential, was distributed to the members of the Commission.
This document was considered by the Commission during its Eight Session, at which time it was resolved: a. to request information from the Government of Guatemala concerning the communications and complaints received; b. that in the event the accusations against that government were true, to ask it to adopt progressive measures in its domestic legislation in behalf of human rights, and appropriate measures to promote the faithful observance of those rights; and c. to instruct the Secretariat to revise the background document on Guatemala. These requests were made in a note dated August 11, 1964.
At its Ninth Session the Commission considered the revised document prepared by
the Secretariat (Doc. 3-X) and resolved to repeat its note of August 1964.
52. After analyzing the case of Guatemala in the light of recent communications
received, the Commission resolved:
To repeat its requests to the Government of Guatemala for information, which were sent but were not answered;
2. To request permission of the Government of Guatemala to visit the country to examine the situation of human rights in its territory; and
3. To instruct the Secretariat to prepare a draft report on the situation
of
human rights in Guatemala.
VII. ACTIVITIES RELATING TO THE GENERAL WORK
PROGRAM
A. Situation of political refugees in the Americas. Draft Report prepared by the Secretariat
53. The Commission continued to deal with the subject of political refugees in the Americas, a matter which has been under consideration since the Seventh Session.
As early as that session, the Commission had instructed the Secretariat to prepare a
preliminary study on this matter. The document (OAS/Ser.L/V/II.9, Doc. 11) was studied
by the Commission during its Eighth Session; after information had been requested from
the governments of the American States, the Secretariat, utilizing data furnished by the
United States and the Dominican Republic, added a Supplement to its preliminary report
(OAS/Ser.L/V/II.10, Doc. 6).
54. During its Ninth Session, the Commission again discussed the problem of political refugees, and asked the Secretariat to prepare a new report, in order to have a study that would permit recommendations to be made to the governments.
This request was repeated at the Tenth Session, and the Secretariat, in accordance
with the instructions received, prepared a draft report on political refugees in the
Americas (Doc. 7-XI Rev.), which contains a final chapter of "Conclusions."
55. In summary, this chapter states that the main problems affecting political refugees in the Americas are the following:
a. The absence of domestic laws recognizing and clearly defining the status of the political refugees from the standpoint of his legal situation;
b. The nonexistence of an inter-American convention regulating the situation of political refugees, inasmuch as the provisions of the 1954 Convention on Territorial Asylum are inadequate;
c. The lack of an agency within the inter-American system enjoying recognized, appropriate powers to provide what has been called the "international protection" of the refugee;
d. The difficulties encountered in travel, caused by the problems faced by refugees in obtaining proper documents (passports or travel documents); and
e. Economic problems resulting in part from the handicaps faced by refugees in
attempting to secure paid employment.
56. Prior to considering the draft report in question, the Commission, at its fifth meeting, heard Dr. Francisco Urrutia, representative of the United Nations High Commission for Refugees in Latin America, who was accompanied by two advisers from his office.
Dr. Urrutia made a comprehensive statement to the Commission, reporting to its members on the meeting of jurists held at Bellagio, Italy, in April 1965; this meeting was called to seek legal solutions to the refugee problem. He further stated that the Geneva Convention of 1951 refers only to refugees who had acquired that status as a result of events occurring prior to January 1, 1950; that some of the African and Asian
acting jurists at the Bellagio meeting objected to the compulsory jurisdiction of the International Court of Justice set forth in the Geneva Convention; and that others advocated the elimination of the existing geographical limitations for refugees.
57. The Representative informed the Commission that as a result of its deliberations, the meeting prepared a draft protocol to the Geneva Convention, embodying some of the proposals made at the meeting. He read an unofficial translation of this draft protocol.
He pointed out the advisability that the Inter-American Commission on Human Rights recommend that the American states ratify the Geneva Convention - which they had not done - and he then discussed the work being carried out in Latin America by the United Nations High Commission.
In view of the fact that the United Nations High Commission for by Refugees was to hold an important meeting in Geneva at the end of October, at which the draft protocol prepared at Bellagio would be one of the matters discussed, Dr. Urrutia suggested that the Commission send an accredited observer to that meeting. At several meetings the Commission discussed the matter of political refugees in the Americas and in connection with this topic studied a draft resolution submitted by Dr. Dunshee de Abranches, a draft report prepared by its Secretariat, and the suggestions made by the Representative of the United Nations High Commission for Refugees in Latin America.
59. As a result of its deliberations, the Commission gave unanimous approval to
the draft report prepared by the Secretariat and the following resolution was approved,
with six votes in favor and one abstention:
The Inter-American Commission on Human Rights
RESOLVES:
1. To repeat the recommendation contained in its Resolution of March 26, 1965,
concerning the issuance of travel documents to refugees, to the governments of those
member states of the Organization which have not yet adopted this recommendation; in
adopting it, it is recommended that the governments take into consideration the provisions
of Article 28 Of the Convention on the Status of Refugees signed at Geneva in 1951, and
of the Annex to the said Convention.
2. To request that the governments of the American states, through international
or national Procedures, intensify the practice of granting territorial asylum in their
respective countries.
3. To instruct the Executive Secretariat to study supplementary draft protocols or conventions on extending the Convention on the Status of Refugees, and on the situation of refugees in the Americas; and to submit to the Commission, at its next session, draft recommendations which the Commission could present to the governments of member states of the Organization.
The Commission appointed the Executive Secretary to attend, as an observer, the
Geneva meeting of the Executive Council of the United Nations High Commission for
Refugees. The Executive Secretary could not attend this meeting due to pending and
urgent matters of the Commission.
B. Report to the Second Special Inter-American Conference
60. At its Tenth Session, the commission approved a report to be submitted to the Second Special Inter-American Conference (Doc. 5-XI, Rev.).
At its sixth meeting, the Chairman of the Commission pointed out the advisability of bringing this report up to date, to include the actions and agreements approved subsequent to the Tenth Session, especially the work accomplished by the Commission in the Dominican Republic during the present situation.
Dr. Gonzalo Escudero stated that he supported the idea that the new powers
requested for the Commission in this report be increased in the same terms which was
accepted by the other members of the Commission.
61. The Commission thereupon resolved to continue the report approved at its
Tenth Session, adding a statement of its activities subsequent to that period, and further
adding an appendix consisting of the document: Report on the activities of the Inter-American
Commission on Human Rights in the Dominican Republic (Doc. 14-XIII Rev.).
62. During the discussion of this matter, the Chairman informed the Commission
that during the visits made in August 1965 to the Foreign Offices of Uruguay, Argentina,
Paraguay and Chile, he had received a definite impression that these governments would
look favorably upon the extension of the Commission's powers.
VIII. COMMUNICATION TO THE COUNCIL OF THE ORGANIZATION
63. Following the practice of previous sessions, the Commission agreed to send a
note to the Chairman of the Council of the Organization of American States, informing
him of the actions taken during its Twelfth Session.
IX. DATE AND PLACE OF THE THIRTEENTH
SESSION
64. During its fifth meeting, Dr. Gabino Fraga informed the Commission that he had been instructed by the Government of Mexico to extend its formal invitation to the Inter-American Commission on Human Rights to hold a meeting in Mexico, at such time an it may consider appropriate.
At its tenth meeting, the Commission agreed to hold its Thirteenth Session at
Mexico City, and to authorize the Chairman to fix a date therefor.
X. CLOSING OF THE SESSION
65. At the meeting held on October 15, 1965, the Chairman declared the Twelfth
Session closed. He expressed his satisfaction at the work accomplished, and thanked the
members of the Commission, the Executive Secretary and the staff of the Secretariat for
their cooperation. Finally, he expressed the hope that the Second Special Inter-American
Conference which would take place in Rio de Janeiro, in November 1965, would expand
the powers of the Commission.
APPENDIX
DOCUMENTS OF THE INTER-AMERICAN COMMISSION ON
HUMAN
RIGHTS (OEA/Ser.L/V)
Document Number Title
OEA/Ser.L/V/II.13 DOCUMENTS OF THE TWELFTH SESSION
Doc. 1 Documentos de la Comisión Interamericana de
Derechos Humanos, registrados por la Secretaria hasta
el 8 de noviembre de 1965
Doc. 2 Rev. Resumen de las comunicaciones recibidas por la
Comisión Interamericana de Derechos Humanos
correspondientes al Duodécimo Periodo de Sesiones
Doc. 3 Misión a la Republica Dominicana (23 de agosto al
5
de septiembre de 1965) (Segundo Informe presentado a
la Comisión Interamericana de Derechos Humanos por
su Miembro y Representante Prof. Carlos A. Dunshee
de Abranches)
Doc. 4 Misión a la Republica Dominicana (11 el 20 de
agosto
de 1965) (Informe presentado a la Comisión
Interamericana de Derechos Humanos por su Miembro
y Representante Prof. Durward V. Sandifer)
Doc. 5 Misión a la Republica del Paraguay (Informe del
Presidente de la Comision Interamericana de Derechos
Humanos sobre su visita a la Republica del Paraguay)
Doc. 6 Actuación de la Comision Interamericana de
Derechos
Humanos en la Republica Dominicana (Nota
transmitida por el Gobierno Dominicano a la Comisión
y Resolucion aprobada por la Comisión en la octava
sesión celebrada el 14 de octubre de 1965)
Doc. 7 Informe sometido por a Subcomisión a la
Comisión
Interamericana de Derechos Humanos
Doc. 8 Mision a la Republica Dominicana (25 de julio al 5 de
agosto de 1965) (Informe presentado a la Comisión
Interarnericana de Derechos Humanos por su Miembro
y Representante Lcda. Angela Acuna de Chacón)
Doc. 9 Labor de la Comisión Interamericana de Derechos
Humanos en la Convulsionada Republica Dominicana
(Por Angela Acuna de Chacon)
Doc. 10 Acta resumida de la Primera Sesión celebrada el 5
de
octubre de 1965
Doc. 11 Acta resumida de la Segunda Sesión celebrada el 6
de
octubre de 1965
Doc. 12 Acta resumida de la Tercera Sesión celebrada el 7
de
octubre de 1965
Doc. 13 Protección Juridica de los Derechos Humanos en el
Campo de los Hijos Nacidos Fuera de Matrimonio
(Conferencia dictada en Santiago de Chile en la Sala
"Letelier" de la Universidad de Santiago en octubre de
1963 per Angela Acuna de Chacón)
Doc. 14 Rev. Report on the Activities of the Inter-American
Commission on Human Rights in the Dominican
Republic (June 1 to August 31, 1965)
Doc. 15 Acta resumida de la Cuarta Sesión celebrada el 8 de
octubre de 1965
Doc. 16 Acta resumida de la Quinta Sesión celebrada el 11
de
octubre de 1965
Doc. 17 Texto del cablegrama enviado por la Comisión
Interamericana de Derechos Humanos al Gobierno de
Cuba
Doc. 18 Texto de la Resolucion aprobada por la Comisión
Interamericana de Derechos Humanos sobre
Refugiados Politicos
Doc. 19 Acta resumida de la Sexta Sesión celebrada el 13 de
octubre de 1965
Doc. 20 Rev. Acta resumida de la Séptima Sesión
celebrada el 13 de
octubre de 1965
Doc. 21 Acta resumida de la Octava Sesión celebrada el 14
de
octubre de 1965
Doc. 22 Acta resumida de la Novena Sesión celebrada el 14
de
octubre de 1965
Doc. 23 Acta resumida de la Décima Sesión
celebrada el 15 de
octubre de 1965
Doc. 24 Relación de las comunicaciones transmitidas al
Gobierno de Guatemala y las respuestas de dicho
Gobierno entre el Noveno y el Duodécimo Periodos de
Sesiones
Doc. 25 Informe del Secretario Ejecutivo sobre las actividades de la Secretaria entre el Décimo y
Duodecimo Periodos de Sesiones
Doc. 26 Report on the Work Accomplished During its Twelfth Session (October 4 to 15, 1965)
CHR/488
