Report on Sessions of the Inter-American Commission of Human Rights


OEA/Ser.L/V/II.14
Doc. 35 (English)
September 30, 1966

Original: Spanish


INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

REPORT ON THE WORK ACCOMPLISHED

DURING ITS THIRTEENTH SESSION

April 18 to 28, 1966


PAN AMERICAN UNION

General Secretariat, Organization of American States

Washington, D.C.



TABLE OF CONTENTS

ORGANIZATION OF THE THIRTEENTH SESSION 1

A. Opening Date and Length of Session 1

B. Members of the Commission and Participants

in the Session 4

C. Meetings and Documents 5

II. AGENDA 7

III. INVITATION TO THE SECRETARY GENERAL OF THE

ORGANIZATION OF AMERICAN STATES 8

IV. REPORT PREPARED BY THE SECRETARIAT OF THE WORK

ACCOMIPLISED BY THE COMMISSION DURITIG ITS

TWELFTH SESSION 9

V. REPORT OF THE EXECUTIVE SECRETARY ON THE

ACTIVITIES OF THE SECRETARIAT BETWEEN THE

TWELFTH AND THIRTEENTH SESSION 10

VI. EXAMINATION OF THE ACTIVITIES OF THE

COMMISSION IN THE DOMINICAN REPUBLIC 11

A. Reports of members who represented the

Commission following the Twelfth Session 11

a. Reports of the Chairman of the

Commission 12

b. Report of Mrs. Angela Acuña de Chacón 13

c. Report of Dr. Durward V. Sandifer 13

d. Report of Dr. Carlos A. Dunshee de Abranches 14

e. Report of Dr. Daniel Hugo Martins 14

B. Activities to be carried out by the

Commission in accordance with the request

of the Dominican Government 15

VII. THE SITUATION REGARDING HUMAN RIGHTS IN

AMERICAN COUNTRIES 16

A. Consideration of communications or

complaints received 16

B. Examination of the situation regarding

human rights in other American countries 17

Page

1. The case of Cuba 17

2. The case of Guatemala 18

3. The case of Haiti 20

4. The case of Paraguay 21

VIII. INCORPORATION INTO THE STATUTE OF THE

COMMISSION OF THE AMENDMENTS THERETO

INDICATED IN RESOLUTION XXII OF THE

SECOND SPECIAL INTER-AMERICAN CONFERENCE 22

IX. AMENDMENTS TO THE REGULATIONS OF THE

COMMISSION 24

X. ACTIVITIES RELATING TO THE GENERAL WORK

PROGRAM 29

A. Supplement to the report on political

refugees in the Americas 29

B. Draft Convention on Freedom of Expression,

Information, and Investigation 32

XI. OTHER DECISIONS AND CONCLUSIONS OF THE

COMMISSION 34

A. Draft InterAmerican Convention on Human

Rights 34

B. International Human Rights Year. Program,

Teaching, and Dissemination 36

C. Annual report of the member states on

the observance of human rights 38

XII. COMMUNICATIONS TO HIS EXCELLENCY THE PRESIDENT

AND HIS EXCELLENCY THE SECRETARY OF FOREIGN

AFAIRS OF MEXICO 40

XIII. COMMUNICATIONS TO THE COUNCIL OF THE

ORGANIZATION OF AMERICAN STATES 41

XIV. DATE AND PLACE OF THE FOURTEENTH SESSION 41

XV. CLOSING OF THE SESSION 41



INTERAMERICAN COMMISSION ON HUMAN RIGHTS

REPORT ON THE WORK ACCOMPLISM DURING ITS THIRTEENH SESSION

April 18 to 28, 1966

A. Opening Date and Length of Session

1. The InterAmerican Commission on Human Rights held its Thirteenth from April 18 to 28, 1966 in Mexico City.

2. The Secretary of Foreign Afairs of Mexico, Mr. Antonio Carrillo Flores, in a letter addressed to the Chairman of the Commission on February 21, 1966, transmitted his government's offer to be host to the meeting in Mexico City in April.

In his reply to the Secretary of Foreign Affairs of Mexico, dated March 1, 1966, the Chairman of the Commission stated that "upon accepting the invitation with thanks, on behalf of the Inter-American Commission on Human Rights, he was pleased to inform him that the Thirteenth Session would begin on Monday, April 18, 1966".

Consequently, in accordance with Article l1.c of its Statute, the Commission went to Mexico City, Mexico, and held its meeting at the Hotel del Prado.

3. The opening meeting took place in the "Los Candiles" assembly room of Hotel del Prado on April 18, 1966, at 11 A.M.

Present as guests of honor were His Excellency the President of Mexico, Gustavo Díaz Ordaz; the Secretary of Foreign affairs, Antonio Carrillo Flores; the Secretary of Government; representatives of the legislative and judicial powers of the nation; the Attorney General of the nation; and the District Attorney of the Federal District. Several members of the diplomatic corps accredited to the Government of Mexico and other persons were also present.

4. The first speaker at this meeting was the Assistant Secretary of Foreign Affairs and Vice Chairman of the Commission, Dr. Gabino Fraga, who welcomed the members of the Commission and said that his government was very pleased to have them there and felt it was important that the Commission was holding its Thirteen Session in Mexico. Dr. Fraga said, "The Mexican goverment's

pleasure at the meeting is not incidental; on the contrary, it has deep roots in our history. During a century and a half of independent life, Mexico has strived unceasingly each day to ensure and to offer to each of its citizens the guaranty of human rights. The independence of the nation, first, and

then liberty were prerequisite stages for achieving the dignity of Mexicans, and this is expressed in

their right as individuals and as social factor". Dr. Fraga concluded by saying that the presence of

the President of Mexico and the high authorities of his government constituted both an honor and a vigorous incentive for carrying forward the high and noble mission entrusted to the Commission

and that, as its illustrious first Chairman, Rómulo Gallegos had said, "it cannot be destined to fail, as an idea of dreamers, because its reason for being lies in the highest aspirations of the American

spirit"

(OEA/Ser.L/V/II,14, Doc.15, of April 18, 1966).

5. Next, the Chairman of the Commission, Professor Manuel Bianchi, delivered an address in which he thanked in the first place the President of Mexico for the invitation extended to the Commission to hold its Thirteenth Session in Mexico and for his presence that of the high government officials who accompanied him at the opening meeting. The Chairman of the Commission gave an account of the activities and aims of the agency since it began its work in1960

and, in this connection, stated, "Each working period has resulted in a better understanding of the work of the Commission. In addition to processing the claims received and requesting pertinent information from the governments, the Commission has developed a continuing program of activities with a view to examining and studying the most important problems related to human rights". Likewisel Professor Bianchi mentioned the results achieved at the Second ,h Special InterAmerican Conference in 19é5, and pointed out that they opened "a new chapter in the history of the agency". He added, by way of a summary, that an expansion of the powers of the Commission was approved at the Conference by a large majority vote, and that these powers were granted in recognition of the work accomplished. "In Rio de Janeiro, I had occasion to call attention to the opinion of the Commission regarding the inadequacy of the powers conferred in the original Statute

of 1960, and I am pleased to recall the words of the Secretary General of the Organization, Doctor José A. Mora, in reference to this matter: "Each day broader horizons are opening up for the InterAmerican Commission on Human Rights to fulfill its guiding mission in the hemisphere". Finally, the following remarks of the Chairman of the Commission, extending his greetings to the Republic of Mexico, its authorities, and its people, should be cited: "Under your skies, under your flag, a citizen of any part of the world can be proud to be alive. You shelter a free people, a nation which knew how to earn its liberty through the most noble sacrifices, and which did not cease to struggle until its Constitution and its laws fully guaranteed the political, civil, economic, social,

and cultural rights of man. I am no stranger to Mexico--its life, its history. I am joined to your land

by unbreakable bonds of unsurpassed afection, forged in the days when I was privileged to represent my country, Chile, as ambassador to this noble Republic. For six years I 11 attracted far more by the people of Mexico than by my diplomatic duties; their perseverance their intelligence, their initiative, and their imagination--moving in a land of extraordinary contrasts and a range of attractions and wonders dificult to match on this planet. From 1933 to 1939 I covered the whole vast horizon of your many-sided country, and I departed from these shores with a longing to return. I am here today as if it were yesterday, though dazzled by the marvelous advancement of Mexico in all areas: material, social, economic, and cultural".

6. His Excellency President Diaz Ordaz opened the Thirteenth Session of the Commission with the following words: "Today, April 18, 1966, I solemnly declare the Thirteenth Session of the InterAmerican Commission of Human Rights open.

"I take this opportunity to offer a most cordial welcome, on behalf of the Government, to all our illustrious visitors, and I hope that their stay in our country will be very pleasant,

"I also express my warm wishes for the success of their work, and I am certain that it will be refleted--solong as it serves the fundamental purposes of law--in the assurance of freedom, the enjoyment of justice, and the consolidation of peace".

7. The Secretary of Foreign Affairs, Antonio Carrillo Flores, received the Commission on Tuesday, April 26, at 11 A.M.

On Wednesday, April 27, a, 11,30 A.M., the Commission visited the President of the Supreme Court of Justice of Mexico.

Members of the Commission and Participants in the Session

8. The Inter-American Commission on Human Rights is composed of seven members, elected in a personal capacity by the Council of the Organization of American States. The names of the members are as follows, in alphabetical order:

Name Nationality

Mrs. Angela Acuña de Chacbn Costa Rican

Prof. Manuel Bianchi Chilean

Dr. Carlos A. Dunshee de Abranches Brazilian

Dr. Gonzalo Escudero Ecuadorian

Dr. Gabino Fraga Mexican

Dr. Daniel Hugo Martins Uruguayan

Dr. Durward V. Sandifer United States

All the members attended the Thirteenth Session, except Dr. Gonzalo Escudero, who expressed his regret at being unable to be present.

C. Meetings and Documents

9. The Commission held thirteen meetings during the Thirteenth Session. 10. The Secretariat prepared the summary minutes of these meetings, which are reserved for the exclusive use of the members.

11. In accordance with the provisions of Article 34 of the Regulations of the Commission, the Secretariat prepared a list of the communications or complaints received prior to this Session, as well as those received during the Session, and in each case attached a summary of the contents of the complaint and the initial handling accorded it. This list of communications was prepared in

chronological order by country (Doc, 6-XIV).

12. The Secretariat also prepared the following documents:

Report on the communications transmitted to the Government of Guatemala between the Ninth and Twelfth Sessions, and that government's replies (Doc. 24-XIII Res.).

Report on the work accomplished by the Commission during its Twelfth Session (Doc. 26-XIII).

Comparative study of the draft convention on human rights prepared by theInterAmerian Council of Jurists and those presented by Uruguay and Chile to the Second Special InterAmerican Conference (Rio de Janeiro, 19é5). This document was prepared to help the Commission to study these drafts in accordance with paragraph I of the operative part of Resolution XXIV, of the Second Special InterAmerican Conference Documents of the European Commission on Human Rights. This document includes the text of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome in 1960, and the Protocols thereto; the Regulations of the European Commission on Human Rights; and the Social Charter of Europe signed at Turin in 19é1 (Doc. 2-XIV). As in the case of Doc. 7-XIV, the purpose of this compilation is to facilitate the Commissions studies on the subject "International Protection of Human Rights, for the purposes set forth in paragraph 1 of the operative part of Resolution XXIV of the Second Special InterAmerican Conference.

Draft amendments to the Regulations of the InterAmerican Commission on Human Rights (Doc. 9-XIV).

Incorporation of Resolution XXII of the Second Special InterAmerican Conference into the Statute of the Commission (Doc. 10-XIV).

Supplement to the Report on Political Refugees in the Americas (Doc. ll-XIV).

The Chairman of the Commission prepared three reports on his activities in the Dominican Republic. The Secretariat published the corresponding documents: Mission in the Dominican Republic (Docs. 3, 19 and 20-XIV Res.). These reports cover, respectively, the periods from December 15, 1965, to January 15, 1966; from March 2 to 14, 1966; and from April 2 to 14, 1966.

13. The Secretariat also published the reports of the members who represented the Commission in the Dominican Republic between the Twelfth and Thirteenth Sessions. The reports are as follows:

Mission in the Dominican Republic (Doc. 12-XIV Res.) by Mrs. Angela Acuña de Chacón. Mission in the Dominican Republic (Doc. 12-XIV Res.) by Dr. Durward V.Sandifer.

Third Report presented to the Inter-American Commission on Human Rights (Doc. 4-XIV Res.) by Dr. Carlos A. Dunshee de Abranches.

Mission in the Dominican Republic (Doc. 5-XIV Res.) by Dr. Daniel Hugo Martin

The Secretariat also issued several press releases informing the public of the

Commission's activities.

Technical and administrative services were furnished to the Commission by Dr. Luis

Reque, its Executive Secretary, and Dr. Alvaro Gómez, a member of its Secretariat.

II. AGENDA

16. At its first meeting held on April 18, the Commission approved the following agendafor its Thirteenth Session;

1. Report prepared by the Secretariat on the work accomplished by the Commission at its Twelfth Session.

2. Report of the Executive Secretary on the activities of the Secretariat between the

Twelfth and Thirteenth Sessions.

3. Examination of the activities of he Commission in the Dominican Republic.

a. Reports of members who represented the Commission subsequent to the Twelfth

Session.

b. Examination of the situation regarding human rights in the Dominican Republic, and activities to be carried out by the Commission in accordance with the request of the Dominican Government.

4. The situation regarding human rights in American countries:

Study Of the communications or complaints received.

Examination of the situation regarding human rights in American countries.

5. Amendments to the Statute of the Commission, in accordance with the resolution of the Second Special InterAmerican Conference.

6. Amendments to the Regulations of the Commission.

7. Supplement to the Report on Political Refugees.

8. Draft Convention on Freedom of Expression, Information, and Investigation

9. Draft Inter-American Convention on Human Rights.

10. International Human Rights Year, Program, Education, and Information.

11. Date and place of the Fourteenth Session.

III. INVITATION TO THE SECRETARY GENERAL OF THE ORGANIZATION

OF AMERICAN STATES

17. At its first meetilgt held on April 18, the Commission decided to repeat the invitation

extended by the Subcommittee on behalf of the Commission last February to the Secretary General

of the Organization, to give greater luster to its deliberations by attending its Thirteenth Session. On April 19 the Chairman of the Commission sent the following cable to the Secretary General.

APRI L 19, 1966

DR. JOSE A. MORA

SECRETARY GENERAL

PAN AMERICAN UNION WASHINGTON, D.C.

ON BEHALF OF THE INTERAMERICAN COMMISSION ON HUMAN RIGHTS I WISH TO INFORM YOU THAT THE THIRTEENTH SESSION WAS OPENED YESTERDAY ATTENDED BY HIS EXCELLENCY THE PRESIDENT OF MEXICO. UPON BEGINNING OUR ACTIVITIESWE DECIDED TO SEND YOU OUR MOST CORDIAL GREETINGS TOGETHER WITH OUR WISHES FOR THE COMPLETE RECOVERY OF YOUR ESTEEMED WIFE. WE HOPE YOU WILL BE ABLE TO JOIN US FOR THE CLOSING SESSION, WHICH WILL TAKE PLACE ON THE 28TH OF THIS MONTH. SINCERELY YOURS,

MANUEL BIANCHI

CHAIRMAN





18. In reply to this communication, Dr. José A. Mora sent the following cable to the Chairman of the Commission:

APRIL 26, 1966

AMBASSADOR MANUEL BIANCHI

MEXICO, D.F., MEXICO

I THANK YOU VERY MUCH FOR YOUR CABLE ON THE OCCASION OF THE BEGINNING OF THE THIRTEENTH SESSION OF THE COMMISSION. I AM ESPECIALLY GRATEFUL FOR YOUR KIND WISHES FOR THE HEALTH OF MY WIFE, WHO IS NOW IN FULL RECOVERY AND EXPECTS TO RETURN WITH ME TO WASHINGTON AT THE END OF THE MONTH. IT IS THEREFORE IMPOSSIBLE FOR ME TO ATTEND THE CLOSING SESSION OF YOUR COMMISSION. I AM SURE THAT THE MEXICO CITY MEETING WILL BE ESPECIALLY SIGNIFICANT FOR THE ADVANCEMENT OF THE VALUABLE WORK THAT HAS BEEN ACCOMPLISHED BY THIS BODY, ONE OF THE MOST PRESTIGIOUS IN THE INTERAMERICAN SYSTEM, WHICH HAS EARNED COMPLETE SUPPORT IN BEING FULLY EMBODIED IN THE DRAFT AMENDMENTS APPROVED IN PANAMA. I CONGRATULATE THE CHAIRMAN AND OTHER DISTINGUISHED MEMBERS OF THE COMMISSION, AND I EXTEND MY WARMEST CONGRATULATIONS AND BEST WISHES FOR ITS FUTURE WORK. VERY CORDIALLY AND SINCERELY,

JOSE A. MORA

SECRETARY GENERAL OF THE O.A.S.

IV. REPORT PREPARED BY THE SECRETARIAT ON THE WORK ACCOMPLISHED BY THE COMMISSION DURING ITS TWELFTH SESSION

19. At its second meeting, held on April 18, the Commission approved the report on the work accomplished by the Commission during its Twelfth Session (OEA/Ser.L/V/II13, Doc. 26, 18 February 1966).

The aforesaid report contains a summary of the activities carried out and the decisions taken by the Commission during the Twelfth Session, from October 4 to 15, 1965. In regard to the situation regarding human rights in the American countries, the report first refers to examination of the activities of the Commission in the Dominican Republic, and includes summaries of the confidential reports presented by the members who represented the Commission in that country following the Eleventh Session; a summary of the report, approved by the Commissions on its activities in Dominican territory from June 1, to August 31, 1965, and the text of the resolution approved by the Commission on maintaining its Presence in the Dominicau Republic, in order to continue, in accordance with its Statute its Regulations, and the practice already observed, the defense of human rights.

With respect to other American countries, the report refers to the visit of the Chairman of the Commission and the Executive Secretary to Paraguay, and the confidential report issued by the Chairman in connection with that visit, as well as the decisions taken concerning the situation regarding human rights in that country; the request to the Government of Cuba for permission for

the Commission to go to that country in order to make an on the spot study of the situation regarding human rights; and finally, the decisions taken concerning the situation regarding human rights in

Guatemala.

With regard to the general work program of the Commission and other matters, the report refers to the situation of political refugees in the Americas and to the decisions taken regarding this

important matter, as well as the approval of the repot that was to be submitted to the Second Special

InterAmerican Conference.

V. REPORT OF THE EXECUTIVE SECRETARIAT ON THE ACTIVITIES OF THE SECRETARIAT BETWEEN THE TWELFTH AND THIRTEENTH SESSIONS

20, At its second meeting, the Commission took cognizance of the report submitted by the Executive Secretary on the activities of the Secretariat between the Twelfth and Thirteenth Sessions

(OZA/Ser.L/V/Il.14, Doc. 16, 18 April 1966). This document contains an account of the communications received during the period from October 15, 1965, to April 18, 1966, the opening date of the session to which the present report refers, and of the initial handling accorded those communications, in consultation with the Chairman, as well as a summary of the work carried out pursuant to the decisions taken by the Commission at its Twelfth Session, including: preparation of the draft report on the work accomplished by the Commission during its Twelfth Session; the activities of the Secretariat in the Dominican Republic to advise members who have represented the Commission in that country at various times; preparation and transmittal to the Second Special InterAmerican Conference (November lt to 300 19é5) of the report submitted by the Commission to that conference (Doc. 5-II, Rev. 2) and other documents on human rights, as well as attendance at the Conference by the Executive Secretary and another staff member of the Secretariat; the activities carried on as a result of that Conference, that is, the meeting of the Subcommittee (February 1 to 2, 1966) at the permanent headquarters of the Commission and the preparation of documents on amendments to the Statute of the Commission, in accordance with Resolution XXII of the Second Special Inter-American Conference, and of amendments to the Regulations of the Commission, the comparative study of the draft conventions on human rights, the document on the European Commission on Human Rights, and the supplement to the report on political refugees in the Americas, documents already mentioned in other sections of he present report.

21. The Commission expressed its satisfaction with the manner in which the Secretariat had carried out its work and discharged the tasks assigned to it.

VI. EXAMINATION OF THE ACTIVITIES OF THE COMMISSION IN THE DOMINICAN REPUBLIC

A. Reports of members who represented the Commission following the Twelfth

Session.

22. At the second and seventh meetings, held on April 18 and 22, respectively, the Commission took note of the reports presented by the Chairman of the Commission, Prof. Manuel Bianchi, and members Mrs. Angela Acuña de Chacón, Dr. Carlos A. Dunshee de Abranches, Dr. Daniel Hugo Martins, and Dr. Durward V. Sandifer, on their activities in the Dominican Republic as representatives of the Commission.

23. Following is a summary of each report:

a. Reports of the Chairman of the Commission

Prof. Manuel Bianchi presented three reserved reports, each entitled "Missi[on] in the Dominican Republic" (Doc 3-XIV; 19-XIV; and 20-XIV).

24. The first of these reports (covering the period from December 15, 1965 to January 15, 1966) refers to the visits made to the Provisional President of the Republic, Dr. García Godoy, and to other authorities; to the Papal Nuncio, Monsignor Clarizio; to the members of the Ad Hoc Committee of the Tenth Meeting of Consultation of Ministers of Foreign Affairs; and to the Commander of the Inter-American Peace Force. It also refers to the Chairman's visit to the interior of the country; the requests for asylum made to the Inter-American Commission on Human Rights; the increase in denunciations of alleged violations of human rights; and other matters handled by the Chairman of the Commission during the period covered by the report.

25. The second report (covering the period from March 2 to 14, 1966) gives an account of the interviews held by the Chairman with Dominican authorities, representatives of the OAS, and members of the diplomatic corps in Santo Domingo; visits to the interior of the country to observe the situation regarding human rights and verify the nonexistence of political prisoners, in the cities of Juan de la Maguana, Azua, San Cristóbal, Neyba, Samaná, and others; and other activities of the Chairman of the Commission at that time.

26. The third report (covering the period from April 2 to 14, 1966), describes the following activities carried out during that period; interviews with Dominican authorities; interviews with the candidates for the presidency of the republic, Prof. Juan Bosch, Dr. Joaquín Balaguer and

Dr. Rafael Bonelli; visits to the interior of the country on this occasion to the towns of El Seibo, Higuey, Cotuí, Nagua, Constanza, Santiago Rodríguez, Monte Cristi, and others; and other activities in connection with human rights.

b. Report of Mrs. Angela Acuña de Chacón

27. The report presented by Mrs. Angela Acuña de Chacón provides a summary of her

activities as representative of the Commission from November 3 to 15, 1965 (Doc. 2-XIV).

This report refers, first, to the reports provided by the Secretariat at the time of her arrival

in Santo Domingo, regarding the most serious and urgent denunciations of violations of human rights, and the notes to the Provisional Government requesting information. Second, it mentions visits to the authorities and to the "La Victoria" National Penitentiary, and other activities. It also contains four appendices supplementing the information given in the document.

c. Report of Dr. Durward V. Sandifer

28. The report presented by Dr. Durward V. Sandifer is limited to his activities as representative of the Commission from November 19 to 25, 1965 (Doc. 12-IV Res.).

The document refers, irst, to the pending business of the Commission at the time the author assumed his duties; to the complaints received concerning violations of human rights; to the general situation of the country; and to the requests for information transmitted to the Provisional Government prior to his in assumption of his duties as representative. It also contains observations and suggestions on representation of the Commission in the Dominican Republic during the election period; the interview with the Vice Minister of Foreign Affairs, Dr. Mencia Lister (Appendix I of the report); the information provided by the General Secretariat of the Dominican Association for Human Rights (Appendix II of the report); and other activities he undertook on behalf of the Commission.

d. Report of Dr. Carlos A. Dunshee de Abranches

29. The third report of Dr. Dunshee de Abranches (Doc. 4-XIV Res.), contains an account of his activities representative Of the Commission during the period from January 29 to February 18, 1966.

30. After analyzing the functions of the Commission in the Dominican Republic this report offers an examination of the situation of the country and of the functioning of Dominican national institutions, such as the police and judicial power as regards human rights.

The report also describes the special denunciations submitted to the Commission; the appeal made to the Dominican people for a climate favorable to the exercise of human rights; and the security guaranties adopted for the "27 de Febrero" camp. The report also includes an analysis of the situation regarding human rights and the factors that have been involved in repeated violation of them, with specific suggestions intended to bring about greater respect for the observance of such rights; a summary of the action of the Commission in connection with claims of alleged violations of human rights committed by the Inter-American Peace Force; and an account of visits to the interior of the country (Neyba, San Francisco de Macoria, Higuey, Maria Trinidad Sánchez and La Romana).

e. Report of Daniel Hugo Martins

31. The report presented by Dr. Martins covers his activities as representative of the Commission from February 15 to March 5, 1966 (Doc. 5XIV Res.).

The report begins with observations on the Scope of the mission entrusted to the author as a member of the Commission, and , summary of the information provided by the Secretariat upon his arrival in Santo Domingo. The report also includes a summary of the meetings and interviews held with authorities, and an anlysis of the general situation of the country with regard to human rights and other matters. It summarizes the visits to the interior and the coast of the country made beginning on February 25, to La Romana, Isla Saona and Isla Catalina, Santiago de los Caballeros, San Francisco de Macoris, Monsefior Nouel (Bonao) and Barahona. Finally, it suggests a plan of activities for the period preceding the elections.

B. Activities to be carried out by the Commission in accordance with the request of the Dominican Government

32. On September 27, 1965, the Provisional Government of the Dominican Republic addressed the Inter-American Commission on Human Rights to request that, in accordance with the provisions of Article 51 of the Institutional Act, the Commission remain in the Dominican Republic

until the installation of the government that would emanate from the elections to be held on June 1, 1966.

Pursuant to this request, the Commission, at its Twelfth Session (October 4 to 15, 1965), decided to maintain its office in Santo Domingo and to continue in the Dominican Republic, in accordance with its Statute, its Regulations, and the practice already observed in that country, the defense of the human rights set forth in the American Declaration of the Rights and Duties of Man (Doc. 26-XIII).

However, the Commission, at its Thirteenth Session, in view of the proximity of the preelectoral period in the Dominican Republic, found it advisable to study what activities it should carry on during this phase, taking into account the resolution of October 19é5 and the circumstances that might arise as a result of the coming primaries.

33. At its eighth meeting, held on April 25, the Commission unanimously approved the following resolution:

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,

Having seen the resolution approved on October 18, 1965, regarding its activities in the Dominican Republic,

RESOLVES:

l. To hold a meeting during the coming elections to be held in the Dominican Republic during the comming electiona to be held in that country on June 1 of the present year. This meeting shall be called by the Chairman and its length shall be determined by the Commisssion itself.

2. To continue to in accordance with the functions and powers stipulated in its Statute, to watch over the observance of the human rights set forth in the American Declaration of the Rights and Duties of Man.

VII. THE SITUATION REGARDING HUMAN RIGHTS IN AMERICAN COUNTRIES

A. Consideration of communications or complaints received

34. At its second meeting the Commission studied the communications received prior to the beginning of the sessiong which are described in Document 6-XIV Res.

The Commission observed that some of the communications contained in this document have already been processed in accordance with the Regulations. In regard to the other communications, the Commission took various decisions and instructed the Secretariat to process them according to those decisions.

35. At its tenth and twelfth meetings, held on April 26 and 27, the Commission studied Addenda Nos. 1 and 2 to the document containing communications or complaints received (Doc. 6-XIV Res.), prepared by the Secretariat and relating to the denunciations received after the beginning of the session. As in the case of the communications dealt with in that document, the Commission took several decisions and instructed the Secretariat to process them in accordance with the Regulations (Doc 6-XIV Res.).

36. The Commission also took note that between the Twelfth and Thirteenth Sessions requests for information had been transmitted, in accordance with Article 36 of the Regulations to the governments of Cuba, Guatemala, Haiti, Paraguay, and the Dominican Republic, and that the governments of Guatemala and the Dominican Republic, had replied to these requests the first in a preliminary manner and the second in part. Subsequent to the session, the Government of Pa raguay made a satisfactory reply to the Commissions request for information.

B. Examination of the situation regarding human rights in other American Countries

37. During this session the Commission examined the situation regarding human rights in Cuba, Guatemala, Haiti, and Paraguay.

1. The case of Cuba

38. During its Thirteenth Session the Commission continued to concern itself with the situation regarding human rights in Cuba, based on the many communications that had been addressed to it by individuals and organizations denouncing serious and repeated violations of these rights in that country and earnestly appealing to the Commissioi to set in behalf of political prisoners.

It should be recalled that at its Twelfth Session the Commission had again requested permission of the Government of Cuba to go to its territory, in accordance with Article 11.c of its Statute, in order to make an on-the-spot study of the situation regarding human rights. This request was transmitted to the Cuban Government in a cable dated October 14, 1965 (Doc. 26-XIII).

39. Inasmuch as the Goverment of Cuba had not replied to the request for permission to go there or to the requests for information that had been transmitted to it in connection with the serious denunciations made to this agency, the Commission, after a careful study, decided, at its ninth meeting, held on April 25, as follows:

i. To authorize its Chairman to carry out appropriate and possible measures to obtain information from the Government of Cuba on the situation regarding human rights in that country;

ii. To continue to transmit to the Government of Cuba, requesting information in accordance with Article 36 of the Regulations of the Commission the pertinent Parts of complaints with regard to alleged violations of human rights in that country.

2. The case of Guatemala

40. The Commission has been considering the situation regarding human rights in Guatemala since its Seventh Session, held in Santiago, Chile, from October 7 to 25, 1963 (Dec. 35-VIII).

41. At its Eighth Session, in view of the many serious denunciations received in regard to alleged violations of human rights in Guatemala, the Commission addressed the government of that country, in a note dated August 11, 1964, to repeat its previous requests for information; to make known to that government the most serious complaints presented to the Commission during that session, requesting that the corresponding information be provided; and, to ask that government, should the accusations be true, to adopt "progressive measures, within its domestic legislation, on behalf of human rights". The Government of Guatemala did not reply to this note.

42. At its Ninth Session (October 5 to 16, 1964), the Commission again considered the situation regarding human rights in Guatemala, taking into account the pertinent background documents prepared by the Secretariat (Docs. 7-IX and 3-X Res.). At that session, the Commission decided to repeat the request made in its note of August 11 to the Guatemalan government, and to transmit to that government, with a request for information, the pertinent parts of the most recently received denunciations.

43. Beginning with its Tenth Session, the Commission received replies from the Government of Guatemala to the requests for information that had been transmitted to it. The majority of these, however, were of a preliminary natures being limited to informing the Commission that the denunciation or denunciations transmitted had been placed in the hands of competent government officials, and that the appropriate information would be sent in due course.

In addition, the Commission continued to receive complaints of serious violations of human rights in Guatemala.

44. In view of the foregoing, the Commission, at its Twelfth Session (October 4 to 15, 1965), decided to repeat its requests to the Government of Guatemala for information; to request permission of that government to visit the country to is examine the situation regarding human rights; and to instruct the Secretariat to prepare a draft report on the situation regarding these rights in Guatemala.

45. At its Thirteenth Session the Commission continued to concern itself with the situation regarding human rights in Guatemala.

46. During its third meeting, held on April 19, the Commission took note its that the Government of Guatemala had already been requested to provide information relating to the most serious and urgent denunciations submitted for its consideration.

At this meeting the Commission also considered the oral report of the Chairman regarding the manner in which the decisions on Guatemala taken by the Commission at its Twelfth Session had been carried out.

47. On the basis of information provided by the Chairman, the Commission made a careful study of the problem and of the advisability of visiting Guatemala prior to the installation of the new government elected in that country. At this same meeting, the Commission decided as follows:

a. To reaffirm the decisions taken at its Twelfth Session, and to authorize the Chairman,

Professor Manuel Bianchi, to undertake negotiations at the most appropriate moment, with a view to the Commission visiting Guatemala;

b. To repeat the request for information transmitted by the Commission on April 12, 1966, regarding the presumed disappearance of many person as which had been denounced to the Commission; and to request information regarding the new denunciations of alleged violations of human rights in that country.

3. This case of Haiti


48. The Inter-American Commission on Human Rights has been considering the situation regarding human rights in Haiti since its Second Session (April 10 to 26,1961), on the basis of numerous communications received denouncing serious and repeated violations of human rights in that country.

49. The Commission on two occasions (September 26, 1962, and May 7, 1963) has requested permission of the Government of Haiti to visit Haitian territory, in accordance with Article ll.c of its Statute, in order to make an on-the-spot study of the situation regarding human rights. On both occasions the Haitian Government denied the Commission permission to enter Haitian territory, citing the objection that the visit of the Commission could be interpreted as interference in the internal affairs of the country.

50. In view of these negative responses, at its Seventh Session the Commission approved a report on the situation regarding human rights in Haiti. This report was made known to the American governments through the Council of the Organization (Doc. 35-VIII).

51. Since its Seventh Session the Commission has continued to receive denunciations and reports of serious and repeated violations of human rights in Haiti, principally of the right to life, liberty, and personal security; the right of protection from arbitrary arrest; the right to due process of law; and the right to residence and movement, set forth in the American Declaration of the Rights and Duties of Man. Whenever it has deemed such action appropriate, the Commission has transmitted the pertinent parts of these complaints to the Haitian Governmentg requesting information thereon, in accordance with Article 36 of the Regulations.

52. At the session covered by this report the Commission again considered the situations regarding human rights in Haiti, at its third and ninth meetings, held on April 19 and 25.

53. After carefully studying the matter, the Commission, at its ninth meeting, decided to authorize the Chairman to take such steps he may deem advisable to request permission of the Haitian Government to visit that country.

4. The case of Paraguay

54. At its Tenth Session (March 15 to 26, 1965) the Commission authorized the Chairman and the Executive Secretary to visit Paraguay in order to make a preliminary study of the situation regarding human rights (Doc. 19-XI).

With the permission of the Paraguayan Government, the Chairman and the Executive Secretary went to Paraguay in August 1965. Upon the completion of this mission, the Chairman presented a confidential report (Doc. 5-XIII), which was submitted to the Commission at its Twelfth

Session.

55. At that session, on the basis of the recommendations contained in the report cited, the Commission decided to authorize the Chairman to begin negotiations "so that a Subcommittee may visit the Republic of Paraguay". It also decided to appoint a provisional subcommittee to carry out this visit (Doc. 26-XIII).

56. With this background, the Commission, at its Thirteenth Session, considered the situation regarding human rights in Paraguay. This study was made at its seventh meeting, held on April 22.

The Commission first observed that a request had been transmitted to the Paraguayan Government for information regarding a denunciation of an alleged violation of the right of protection from arbitrary arrest.

Secondly, it took note of the oral report of the Chairman regarding the manner in which he had carried out the decisions taken at the Twelfth Session.

57. After a broad exchange of views, the Commission adopted the following resolutions at this meeting:

The Inter-American Commission on Human Rights,

RESOLVES:

1. To send a note to the Government of Paraguay reiterating the communications transmitted previously and considering the replies of the Government of Paraguay to the requests for information transmitted by the Commission

2. To authorize the Chairman of the Commission, in the event that the Government of Paraguay does not reply to the note mentioned in the preceding paragraph within a reasonable period of time, or that the reply of that government is not satisfactory, to request permission of that government for a subcommittee to visit Paraguayan territory. In the event that the Chairman of the Commission considers the reply of the Government of Paraguay to be satisfactory, he shall so inform the Commission at its Fourteenth Session, at which time the Commission will make a final decision regarding the permission.

3. To instruct the Executive Secretary to prepare a study, as soon as possible, on the general situation regarding human rights in Paraguay, for the use of the Commission and the Subcommittee.

4. To instruct the Executive Secretary to revise the document prepared, in accordance with information received subsequent to its preparation, before submitting it for consideration by the Commission at its Fourteenth Session.

VIII. INCORPORATION INTO THE STATUTE OF THE COMMISSION OF THE AMENDMENTS THERETO INDICATED IN RESOLUTION XXII OF THE SECOND SPECIAL INTER-AMERICAN CONFERENCE

58. The Second Special Inter-American Conference, held in Rio de Janeiro from November 17 to 30, 1965, in its Resolution XXII, expanded the powers of the Inter-American Commission on Human Rights in order to promote greater respect for these rights among the member states of the Organization, and provided that the Statute of the Commission should be amended in accordance with the new functions and responsibilities entrusted to that body (OEA/Ser.C/I.13 : Second Special Inter-American Conference: Final Act).

In order to carry out the decision of the Second Special Inter-American Conference, the Commission studied this matter at its third meeting, held on April 19, and proceeded to incorporate into its Statute the new powers approved by the Supreme Organ of the Organization.

59. On the basis of the draft prepared by the Secretariat (Doc. 10-XIV), the Commission approved the following resolution:

INCORPORATION OF THE PROVISIONS OF RESOLUTION XXII OF

THE SECOND SPECIAL INTERAMERICAN CONFERENCE

INTO THE STATUTE OF THE COMMISSION

The InterAmerican Commission on Human Rights, in compliance with the provisions of paragraph 8 of the operative part of Resolution XXII of the Second Special Inter-American Conference, incorporates the following amendments into its Statute

II

MEMBERSHIP

Article 7 (bis). The Chairman of the Commission may go to the Commissions headquarters and remain there for such time as may be necessary for the performance of his function.

III

COMPETENCE AND PROCEDURE

Article 9 (bis). The Commission shall have the following additional functions and powers:

a. To give particular attention to observance of the human rights referred to in articles I, II, III, IV, XVIII, XXV, and XXVI of the American Declaration of the Rights and Duties of Man;

b. To examine communications submitted to it and any other available information; to address to the government of any American state a request for information deemed pertinent by the Commission; and to make recommendations, when it deems this appropriate, with the objective of bringing about more effective observance of fundamental human rights;

c. To submit a report annually to the Inter-American Conference or to the Meeting of Consultation of Ministers of Foreign Affairs, which should include: (i) a statement of progress achieved in realization of the goals set forth in the American Declaration; (ii) a statement of areas in which further steps are needed to give effect to the human rights set forth in the American Declaration; and (iii) such observations as the Commission may deem appropriate on matters covered in the communications submitted to it and in other information available to the Commission.

d. To ascertain, as a condition precedent to the exercise of the powers set forth in paragraphs b) and c) of the present Article, whether the internal legal procedures and remedies of a member state have been duly pursued and exhausted.

VI.

SECRETARIAT

Article 14 (bis). The Secretariat services of the Commission shall be provided by a specialized functional unit, which shall be part of the General Secretariat of the Organization and shall be organized so as to have the resources required for performing the tasks entrusted to it by the Commission.

IX. AMENDMENTS TO THE REGULATIONS OF THE COMMISSION

60. In view of the incorporation of the new powers set forth in Resolution XXII of the

Second Special Inter-American Conference into the Statute of the Commission, the Commission considered it necessary to make corresponding amendments to its Regulations. The Commission studied this matter at its fourth, fifth, ninth, tenth, eleventh, and twelfth meetings, held on April 20, 25, 26, and 27, on the basis of a draft prepared by the Secretariat regarding the provisions relating to comunications addressed to the Commission (Doc. 9-XIV) and a draft resolution presented at its eleventh meeting by Dr. Carlos A. Dunshee de Abranches on other amendments relating to the mandate and competence of the permanent subcommittee, to special subcommittees, to substitution for the Chairman and Vice Chairman in case of the temporary absence of both, and other matters. 61. At the fourth and fifth meeting the Commission made a full study of the amendments proposed in the draft prepared by the Secretariat, and appointed a Style Committee, composed of Drs. Gabino Fraga, Carlos A. Dunshee de Abranches, and Durward V. Sandifer, to prepare a revised text of amendments, on the basis of the observations of the members. The Style Committee held three meetings.

62. At its tenth meeting, the Commission studied the text presented by the Style Committee, in reference to communications or complaints, and this text was approved. At the same meeting, the Secretariat presented a draft of amendments to other provisions of the Regulations, based on the changes proposed by Dr. Dunshee de Abranches. The Commission also approved the amendments suggested by the Secretariat.

63. The full text of the provisions approved, which were made a part of the Regulations, is as follows:

Article 4. At the beginning of each regular or special meeting, the Chairman shall present to the Commission a report on the manner in which, during the recess between meetings, he has discharged the duties conferred upon him by these Regulations.

Article 5. In the event of temporary disability of the Chairman, he shall be replaced by the Vice Chairman, having the same authority, powers, and obligations. In the event of death or resignation of the Chairman, the Vice Chairman shall assume the post of Chairman and the Commission shall elect a new Vice Chairman at the following meeting.

Article 10. The other members of the Commission, in accordance with their seniority thereon, shall follow the Chairman and Vice Chairman in order of precedence. When there are two or more members with the same length of a service, precedence shall be determined by age.

Article 12. The Commission may establish subcommittees from its membership, in order to fulfill mandates related to human right at either at headquarters or in the territory of any American state. Each such subcommittee shall submit a report to the Commission so that it may take a decision thereon.

Article 13. There shall be a standing subcommittee, composed of the Chairman, the Vice Chairman, a third member, and an alternate. The latter two shall serve on the subcommittee for a term of two years.

Article 14. The duties of the standing subcommittee shall be:

a. To study the communications received and make the recommendations to the Commission it deems appropriate as to the way in which such communications should be dealt with;

b. To prepare in consultation with the Secretariat the working agenda for each

meeting; and

c. To advise the Chairman of the Commission when he deems it advisable.

Communications or Claims Addressed to the Commission

Article 37. The Commission shall take cognizance, for the most effective fulfillment of its functions, of signed communications that contain denunciations or complaints of violations of human rights within the American states.

Article 38.

1. Communications addressed to the Commission shall carry the name, address, and signature of those making the denunciation or claim.

2. In the event a communication is addressed to the Commission by an association it shall be signed by those who represent it.

3. If a communication does not meet the above requirements the Secretariat may return it to the person making the denunciation or claim and request that he complete it.

Article 39. The Commission shall not deal with any communication that is inadmissible

because of one or more of the following reasons:

a. It is anonymous or written in disrespectful or offensive language;

b. It is substantially the same as a communication that been studied previously by the Commission;

c. It is incompatible with the provisions of the Statute or of the Regulations, or obviously unfounded; or

d. It refers to events or situations that bear no relation to a disregard of human

rights by the government against which it is directed.

Article 40.

1. The Secretariat shall acknowledge receipt of communications addressed to the Commission, indicating that they will be considered in accordance with these Regulations.

2. If the Secretariat has any question about the admissibility of a particular communication it shall be resolved by the Commission or the Subcommittee if either of them is in session, or by the Chairman if they are in recess between meetings.

Article 41. The Secretariat shall transmit the pertinent parts of the communication admitted, in accordance with these Regulations, to the governments of the states referred to, when it has been so decided by the Commission during a session or by the Chairman during a recess, and shall at the same time request from them the pertinent information and the cooperation necessary in order to obtain such information directly.

Article 42. Whenever the communications refer to several countries, the pertinent parts

of the complaints or denunciations contained in the said communications shall be transmitted to the government of the country referred to, in accordance with the provisions of these Regulations.

Article 43. In transmitting the communications to the governments of states referred to,

the identity of the writers thereof shall be withheld, along with any other information that might serve to identify them, except when they expressly consent to the inclusion of such information.

Article 44. The Secretariat shall distribute to the members of the Commission, prior to

each meeting, a list of communications received with a brief indication of their contents and of the initial action taken.

Article 45. All communications that fall within the category described in Article 39.a

shall be placed in the confidential files of the Commission. The Secretariat shall advise the signers of communications of the categories described in Article 39.b, c, or d that the communications are inadmissible.

Article 46. Once a communication has been declared admissible it shall be classified is to the human rights that it is therein alleged have been violated.

Article 47.

1. The Secretariat shall maintain a special register of communications presented in accordance with these Regulations. The register shall contain the pertinent general information on each case and all the actions taken on the claim, in the order in which they are presented, without blank spaces, erasures, or abbreviations.

2. The Secretariat of the Commission shall note on the original documents their entry in the special register and, at the request of the denouncer or claimant, shall also so note on copies presented.

3. The entry in the special register shall be valid for all the purposes of the procedures established by these Regulations.

Article 48.

a. The Commission shall examine, by the special procedure set forth in the following articles, communications addressed to it by any person or group of persons or by associations that are legally established, in which there is a denunciation of the violation of any of the following human rights:

i. Every human being has the right to life, liberty, and the security of his person (Article I of the American Declaration of the Rights and Duties of Man).

ii. All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed, or any other factor (Article II of the American Declaration of the Rights and Duties of Man).

iii. Every person has the right freely to profess a religious faith, and to manifest and practice it both in public and in private (Article III of the American Declaration of the Rights and Duties of Man).

iv. Every person has the right to freedom of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever (Article IV of the American Declaration of the Rights and Duties of Man).

v. Every person may resort to the courts to ensure respect for his legal rights. There should likewise be available to him a pleg brief procedure whereby the courts will protect him from acts of authority that, to his prejudice, violate any fundamental constitutional rights (Article XVIII of the American Declaration of the Rights and Duties of Man).

vi. No person may be deprived of his liberty except in the cases and according to the procedures established by preexisting law.

No person may be deprived of liberty for nonfulfillment of obligations of a purely

civil character.

Every individual who has been deprived of his liberty has the right to have the legality of his detention ascertained without delay by a court, and the right to be tried without undue delay or, otherwise, to be released. He also has the right to humane treatment during the time he is in custody (Article XXV of the American Declaration of the Rights and Duties of Man).

vii. Every accused person is presumed to be innocent until proved guilty.

Every person accused of an oñense has the right to be given an impartial and public hearing, and to be tried by courts previously established in accordance with preexisting laws, and not to receive cruel, infamous, or unusual punishment (Article XXVI of the American Declaration of the Rights and Duties of Man).

b. The Commission shall also examine, in accordance with the aforementioned special procedure, communications in which reprisals against signers of communications addressed to the Commission or against any persons mentioned as injured parties in such communications are denounced.

Article 49. In exercising the powers set forth in Article 48 of these Regulations, the Commission shall ascertain, as a condition precedent, whether the internal legal procedures and remedies of a member state have been duly pursued and exhausted.

Article 50. Communications that denounce the violation of the human rights set forth in Article 48 must be addressed to the Commission within six months following the date on which, as the case may be, the final domestic decision has been handed down or the signer of the communication has become aware that his recourse to domestic remedy has arbitrarily been hindered or the final domestic decision has been unjustly delayed.

Article 51. If the occurrence of the violation is confirmed, the Commission shall prepare a report on the case and make appropriate recommendations to the government referred to.

Article 52. The occurrence of the events on which information has been requested will be presumed to be confirmed if the government referred to has not supplied such information within 90 days of the request.

Article 53.

1. If the government does not, within a reasonable time, adopt the measures recommended by the Commission, the latter may make the observations it considers appropriate in the annual report it is to present to the InterAmerican Conference or to the Meeting of Consultation of Ministers of Fóreign Añairs, provided for in paragraph c of

Article 9 (his) of its Statute.

2. If the InterAmerican Conference or the Meeting of Consultation does not make any observations on the Commissions recommendations and if the government referred to has not yet adopted the measures recommended, the Commission may publish its report.

Article 54. The provisions set forth in Articles 37 and 47 of these Regulations shall apply in all cases not provided for in the special procedure.

X. ACTIVITIES RELATING TO THE GENERAL WORK PROGRAM

A. Supplement to the report on political refugees in the Americas

64. The Inter-American Commission on Human Rights has been studying the problem of political refugees in the Americas since its Seventh Session, held in October 1963 (Dec. 36-VIII). At its Tenth Session (March 15 to 26, 1965), the Commission approved a resolution recommending to the member states of the OAS that they consider the possibility of issuing travel documents to political refugees of the American countries who were in their territories legally, or that they study the possibility of recognizing as valid the travel documents held by those refugees that had expired or could not be renewed. This resolution was adopted after a careful examination of the background information in the hands of the Commission and numerous communications from persons and organizations in this connection (Doc. 19-XI).

65. At its Twelfth Session the Commission approved a report on political refugees in the American which presented a compilation of all background information relating to this problem; the activities of the former League of Nations; those of the United Nations; those of refugee organizations outside the UN; and those of the Intergovernmental Committee for European Migration, with respect to refugees. This document also included an examination of the problem of refugees in the Americas within the framework of the Organization of American States and national legislation, as well as a final chapter stating the opinion of the Commission on the most important aspects and most urgent needs with respect to the situation of American political refugees in the Americas (Doc. 7-XI, Rev. 2).

66. At this session the Commission also approved a resolution repeating to the governments of member of the OAS its recommendation concerning the issuance of travel documents to refugees, requesting that these governments intensify the practice of granting territorial asylum in their respective countries and instructing the Executive Secretariat to prepare various studies on the problem of political refugees in the Americas. This resolution was transmitted to the Second Special Inter-American Conference in the report of this agency to that Conference (Doc. 5-XI, Rev. 2).

67. The Second Special Inter-American Conference, in Resolution XXI (Asylum for Cuban Political Refugees), endorsed the recommendations of the Commission and, in paragraph 3 of the operative part of thar resolution itself, decided "to charge the Inter-American Juridical Committee of Rio de Janeiro with the preparation of a draft convention on refugees, after consulting the Inter-American Commission on Human Rights".

68. At its Thirteenth Session the Commission again considered the situation of political refugees in the Americas, in the light of Resolution XXI and especially of the provisions of its third paragraph.

To facilitate consideration of this matter, the Secretariat of the Commission prepared a draft supplement to the report on political refugees in the Americas (Doc. 11-XIV), which included points that the Commission might remit to the Inter-American Juridical Committee at the proper time, for consideration by that committee in its preparation of the draft convention on refugees.

69. On April 20 the Chairman of the Council of the Organization of American States, Ambassador Ilmar Penna Marinho, presented to the Commission the text of a cable he had received from the Chairman of the Inter-American Juridical Committee, Dr. Raúl Fernandes, requesting that, in accordance with of Resolution XXI, the Commission send its views on the matter to the Juridical Committee before April 30 the closing date of the Committee's meeting.

70. In view of the forego9 the Commission, at its sixth meeting, held on April 21, adopted the following resolution:

WHEREAS:

The Second Special InterAmerican Conference, in its Resolution XXI, entitled "Asylum for Cuban Politial Refugees", decided:

1. To urge the member states of the OAS that have not yet ratified the Convention on Territorial Isylum signed at Caracas in 1954 to do so, and apply its provisions to the refugees from Cuba according to the facilities and material possibilities of each of them.

2. To recommend to the states that they study the possibility of issuing a travel document to refugees who must take final leave of the country where they obtained asylum, using as a sample the specifications included in Article 28 of the Convention on the Status of Refugees, signed at Geneva in 1951, and the annex thereto.

3. To charge the Inter-American Juridical Committee of Rio de Janeiro with the preparation of a draft convention on refugees, after consulting the Inter-American Commission on Human Rights;

The InterAmerican Juridical Committee has requested the opinion of the InterAmerican Commission on Human Rights concerning paragraph 3 of the said resolution;

This Commission, at its Twelfth Session, approved the "Report on the Political Refugees in America"; and

The supplement to the report on political refugees in the Americas clearly expresses the viewpoints of the Commission and, without prejudice to expressing its opinion after the Inter-American Juridical Committee has prepared, the draft convention on refugees.

The InterAmerican Commission on Human Rights,

RESOLVES:

1. To approve the supplement to the report on political refugees in the Americas.

To transmit to the InterAmerican Juridical Committee the "Report on the Political Refugees in America" (Doc. 7-11, Rev. 2) and the supplement to that report (Doc. 11-14), approved by the Commission at its Twelfth and Thirteenth Sessions, which contain its conclusions and opinions in this connection, without prejudice to the Commissions making the observations and comments it may deem pertinent with respect to the draft convention to be prepared in due course by the Juridical Committee.

To transmit the text of the present resolution to the Juridical, Committee.

In a note dated April 25, 1966, the Chairman of the Commission transmitted the foregoing resolution to the Chairman of the InterAmerican Juridical Committee together with the documents

indicated in paragraph 2 of the operative part of the resolution.

Draft Convention on Freedom of Expression, Information, and Investigati

The Commission approved the draft Convention on Freedom of Expression,

Information, and Investigation at its Seventh Session (Doc. 1,5VIII).

This draft was submitted to the Council of the Organization on October 30, 1963, with the request that it be included under the topic "Human Rights" on the agenda of the Eleventh InterAmerican Conference.

Inasmuch as the convocation of that conference was left without effect, the Commission, at its Eighth Session (April 6 to 20, 1964), decided to transmit this draft to the American governments for their observations, without prejudice to its subsequently being submitted to the Eleventh InterAmerican Conference.

At its Ninth and Tenth Sessions (October 5 to 16, 1964, and March 15 to 26, 1965), the Commission received observations and comments on the draft in question from the governments of the United States, Chile, and Venezuela. The governments of Brazil and Ecuador stated that they had no observations to make regarding the draft (Docs. 13-X and 4-Xl).

Taking these comments into account, the Commission, at its Tenth Session, unanimously approved a revised text of the draft, which it agreed to submit to the Second Special Inter-American Conference (Doc. 17-XI).

In view of the fact that only a small number of member states had transmitted observations on the Draft Convention on Freedom of Expression, Information, and Investigation, that conference decided, in Resolution XX, "to request the Commission to extend the period in which the governments may transmit their observations on the said draft, so that it may study it again in the light of all the observations and prepare a definitive text to be submitted to a specialized conference, in accordance with the Charter of the Organization".

72. In accordance with the recommendation made by the Rio Conference, the Commission, at its third meeting, held on April 19, adopted the following resolution:

WHEREAS:

The Second Special Inter-American Conference, held at Rio de Janeiro in November 1965, in its Resolution XX, requested the Inter-American Commission on Human Rights to extend the period in which the Governments might transmit their observations on the Draft Convention on Freedom of Expression, Information, and Investigation, in view of the fact that only a small number of states d transmitted their observations,

The interAmerican Commission on Human Rights

RESOLVES:

To extend until September 30 of his year the period in which the goverments of member states of the Organization may transmit their observations on the said draft, so that the Commission may consider it again at its Fourteenth Session and prepare a definitive text to be submitted to an Inter-American specialized Conference, in accordance with the Charter of the Organizaton.

XI. OTHER DECISIONS AND CONCLUSIONS OF THE COMMISSION


Draft InterAmerican Convention on Human Rights

73. The Second Special InterAmerican Conference, in paragraph 1 of the operative part of its Resolution XXIV, decided as follows:

To send the draft Convention on Human Rights prepared by the Inter-American Council of Jurists at its FourthMeeting, held in 1959, together with the draft convention presented by the Government of Chile (Document 35), the draft convention presented by the Government of Uruguay (Document 49), and the minutes of the discussions of this Second Special Inter-American Conference on the subject, to the Council of the Organization of American States, so that the Council, upon receiving the views of the Inter-American Commission on Human Rights and of the other organs and bodies it deems it advisable to hear, may make the amendments to the draft prepared by the Inter-American Council of Jurists that it deems necessary in order to bring it up to date and complete it. The Council shall fulfill this mission within a period of one year.

To facilitate the task of the Commission for the purposes of Resolution XXIV, the Secretariat prepared a document providing a comparative study of the three draft conventions on human rights to which that resolution refers, with respect to civil and political rights (Doc. 7-XIV). The Secretariat also prepared a compilation of documents of the European Commission on Human Rights (Doc. 8XIV).

74. The commission considered this subject at its twelfth meeting, held on April 27, and adopted the following resolution:

DRAFT INTER-AMERICAN CONVENTION ON HUMAN RIGHTS

WHEREAS:

The Second Special Inter-American Conference, in its Resolution XXIV decided to send the

Draft Convention on Human Rights prepared by the Inter-American Council of Jurists, together with

the draft conventions presented by the governments of and Uruguay, to the Council of the Organization, so that the Council, upon receiving the views of the Inter-American Commission on Human Rights and of the other organs and bodies it deemed it advisable to hear, might make the amendments to the draft prepared by the InterAmerican Council of Jurists that it deemed necessary in order to bring it up to date and complete it;

The InterAmerican Commission on Human Rights should be prepared to give its opinion regarding these drafts whenever the Council of the Organization so requests; and

In order to facilitate the study of these drafts by the Commission, its Seretariat has prepared

a comparative study of the three drafts, with respect to civil and political rights,

The InterAmerian Commission on Human Rights

RESOLVES:

1. To request the Secretariat, once it has completed the comparative study of the drafts prepared by the Council of Jurists, by Chile, and by Uruguay, with respect o economic, social and cultural rights, and measures for execution, and the comparative study it has already begun on the draft prepared by the Council of Jurists, the Convention of Rome and its four protocols, and the United Nations Covenants, to transmit them to the members of the Commission.

To request the members of the Commission to transmit to the Secretariat, before July

31, their observations and comments on the aforesaid drafts, as wet as their views on the manner in which the draft prepared by the Council of Jurists should be brought up to date and completed.

3. To request the Secretariat on the basis of the observations and views transmitted to it by the members of the Commission, to prepare a preliminary draft of amendments to the draft convention prepared by the Council of Jurists. This preliminary draft, which should be completed before September 30 of this year, shall be considered by the Commission at its next session.

4. To appoint a rapporteur to prepare, on the basis of the preliminary draft mentioned in paragraph 3, a corresponding statement of reasons, which the Commission shall submit the Council of the Organization.

The Commission also decided to appoint Dr. Carlos A. Dunshee de Abranches, a member, as rapporteur for the statement of reasons referred to in paragraph 4 of the operative part of the resolution.

International Human Rights Year. Program, Teaching, and Dissemination

75. In view of the fact that the United Nations had designated 1968 as International Human Rights Year and was preparing a program of activities for the purpose that would help to ensure the application of those rights, the Second Special Inter-American Conference resolved to proclaim the adherence of the OAS to the celebration of International Human Rights Year, and to that end agreed, in Resolution XXIII, "to request the InterAmerican Commission on Human Rights to prepare the program for implementing the provisions of the preceding paragraph, bearing in mind the contribution made by the American states in establishing the international protection of human rights and the advisability of promoting the teaching and dissemination of these rights among the peoples of the Americas".

76. To carry out the provisions of this resolution, the Commission considered what activities might be included in the program of celebration of International Human Rights Year. At its eighth meeting, held on April 25, Dr. Daniel Hugo Martins presented a draft resolution on this subject.

76. On the basis of that draft, the Commission, at its ninth meeting, held on the same date, approved the following resolution:

CELEBRATION OF INTERNATIONAL HUMAN RIGHTS YEAR PROGRAM,

TEACHING, AND DISSEMINATION

WHEREAS:

The Second Special InterAmerican Conference, held at Rio de Janeiro in November 1965, decided, in Resolution XXIII, "to proclaim the adherence of the Organization of American States to the celebration of International Human Rights Year, and to contribute by all means at its disposal to make it more effective and more sucessful"; and

In the said resolution it requested "the Inter-American Commission on Human Rights to prepare the program for implementiing the provisions of the preceding paragraph, bearing in mind

the contribution made by the American States in establishing the international protection of human

rights and the advisability of promoting the teaching and dissemination of these rights among the

peoples of the Americas",

The InterAmerican Commission on Human Rights

RESOLVFS:

To instruct the Secretariat to prepare a program of acts, lectures, that and publications in celebration of the International Human Rights Year to be held in 1968, including:

a. The organization of a symposium on "International Protection of Human Rights in the Inter-American System", to be held in April1968;

b. Annual publication, beginning in 1968, of a "Yearbook of Human Rights", to contain (1) reports and resolutions of the Commission; (2) papers presented by members of the Commission

and approved by it for publication; (3) resolutions of other organs of the Inter-American system relating to human rights; (4) annual the reports of member states of the Organization on the observance of human rights; (5) the annual report of the Commission to the Inter-American Conference or to the Meeting of Consultation of Ministers of Foreign Affairs, including a statement of the programs achieved in the attainment of the objectives set forth in the American Declaration; (6) constitutional legislative, and regulatory measures adopted during the year by member states; (7) reviews of books and articles published during the year; (8) bibliographical and legal comments;

(9) news of the activities of the Commission; and

c. The publication of a volume on the work accomplished during the first seven years of functioning of the Commission on Human Rights, to be entitled "Inter-American Protection of Human Rights 1960-1967" which shall contain: (1) basic documents; (2) Human Rights in the American States; (3) selected papers prepared by the Secretariat; (4) selected papers prepared by members of the Commission; (5) reports approved by the Commission; and (6) a summary of the work accomplished by the Inter-American Commission on Human Rights during the period 1960-1967.

2. To appoint one member of the Commission to prepare a systematic plan of the Commission on the teaching and dissemination of human rights in the American States.

3. To request the Secretariat to present, for consideration by the Commission at its next session, a draft program of the activities envisaged in this resolution, together with a budget of the expenditures that its execution would involve.

In addition, the Commission at its twelfth meeting appointed Dr. Gabino Fraga as rapporteur for the subject referred to in paragraph 2 of the operative part of its resolution on the International Human Rights Year.

C. Annual report of the member states on the observance of human rights

78. The Second Special Inter-American Conference, in paragraph 4 of the operative part of its Resolution XXII, requested the Commission to submit a report annually to the InterAmerican Conference or Meeting of Consultation of Ministers of Foreign Affairs, which should include a statement of progress achieved in realization of the goals set forth in the American Declaration, as well as the activities carried out in compliance with the other mandates conferred upon it in the resolution and in the Statute of the Commission.

79 At its tenth meeting, held on April 26, the Commission considered the new responsibilities it had within the scope of Resolution XXII, and particularly of the aforementioned paragraph 4.

80. In this connection the Commission approved the following resolution at its tenth meeting:

WHEREAS:

The Second Special Inter-American Conference, held at Rio de Janeiro in November 1965, in its Resolution XXII, requested this Commission "to conduct a continuing survey of the observance of fundamental human rights in each of the member states of the Organization" and for this purpose "to submit a report annually to the Inter-American Conference or Meeting of Consultation of Ministers of Foreign Affairs. This report should include a statement of progress achieved in realization of the goals set forth in the American Declaration, a statement of areas in which further steps are needed lo give eñect to the human rights set forth in the American Declaration, and such observations as the Commission may deem appropriate, on matters covered in the communications submitted to it an other information available to the Commission";

In paragraph 3 of the operative part of the aforementioned resolution this Commission was authorized "to address to the government of any American state a request for information deemed pertinent by the Commission, and to make recommendations, when it deems this appropriate, with the objective of bringing about more effective observance of fundamental human rights";

The Tenth Inter-American Conference, held at Caracas in 1954, in its Resolution XXVII, recommended to the American states "that they adopt progressively measures to adjust their domestic legislation to the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights, and that, within the limits of their sovereignty and in accordance with their respective constitutional principles, they take appropriate measures to ensure the faithful observance of those rights"; and

In accordance with Article 9.d of its Statute, the Commission is empowered "to urge the Governments of the member states to supply it with information on the measures adopted by them in matters of human rights",

The Inter-American Commission on Human Rights

RESOLVES:

1. To request the governments of the member states of the Organization to report annually to this Commission with regard to:

The effective force of human rights within their respective territories;

Any suspensions of guarantees and the reasons therefor; and

The progressive measures adopted, within the limits of their sovereignty and in accordance with their constitutional principles, to adjust their domestic legislation to the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights, for the purpose of ensuring the observance of those rights.

2. To request the Governments of the member states of the Organization, in the first reports they present to this Commission, to indicate, with respect to each article of the American Declaration, the constitutional, legal, and regulatory provisions in force, and the jurisdiction of the courts with respect to them.


XII. COMMUNICATIONS TO HIS EXCELLENCY THE PRESIDENT AND HIS

EXCELLENCY THE SECRETARY OF FOREIGN AFFAIRS OFF MEXICO

81. At the closing meeting, held on April 28, the Commission unanimously decided to address communications to His Excellency the President of the Republic, Gustavo Díaz Ordaz, and His Excellency the Secretary of Foreign Affairs of Mexico, Antonio Carrillo Flores, thanking for their hospitality and for the facilities provided to the Commission during its stay in Mexico.

The texts of these communications are as follows:

MEXICO CITY

APRIL 28, 1966

H.E. GUSTAVO DIAZ ORDAZ

PRESIDENT OF MEXICO

NATIONAL PALACE

MEXICO CITY

ON BEHALF OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS I WISH TO EXPRESS TO YOUR EXCELLENCY OUR DEEPEST GRATITUDE FOR HAVING HONORED US WITH YOUR PRESENCE AT THE OPENING MEETING OF OUR THIRTEENTH SESSION. TODAY, AT THE COMPLETION OF OUR WORK, I WISH TO PLACE PARTICULAR EMPHASIS ON THE FACT THAT THE SUCCESS OF THE COMMISSION'S ACTIVITIES HAS BEEN DUE TO THE FULL SUPPORT RECEIVED AT ALL TIMES FROM YOUR EXCELLENCY AND YOUR GOVERNMENT, AS WELL AS THE WARM RESPONSE FROM THE MEXICAN PEOPLE. ACCEPT, EXCELLENCY, OUR MOST SINCERE EXPRESSIONS

OF GRATITUDE AND APPRECIATION.

MANUEL BIANCHI

CHAIRMAN

o 0 o



MEXICO CITY

APRIL 28, 1966

H.E. ANTONIO CARRILLO FLORES

SECRETARY OF FOREIGN AFFAIRS

AVENIDA JUAREZ 92

MEXICO CITY

AT THE CLOSE OF THIS THIRTEENTH SESSION I WISH TO EXPRESS TO YOUR EXCELLENCY, ON BEHALF OF THE INTER-AMERICAN COMMISSION HUMAN RIGHTS, OUR DEEPEST THANKS FOR THE AMPLE FACILITIES THAT YOUR GOVERNMENT HAS PROVIDED US FOR THE CONDUCT OF OUR WORK, AND FOR THE SERVICES AND COURTESIES RECEIVED FROM THE SECRETARIAT YOU SO WORTHILY HEAD. ACCEPT, EXCELLENCY, OUR MOST SINCERE APPRECIATION.

MANUEL BIANCHI CHAIRMAN



XIII. COMMUNICATION TO THE COUNCIL OF THE ORGANIZATION OF AMERICAN STATES

82. Following the practice of previous sessions, the Commission decided to send a note to the Chairman of the Council of the Organization of American States, informing him of the activities carried out at its Thirteenth Session. This note was sent by the Chairman of the Commission on May 9, 1966

.XIV. DATE AND PLACE OF THE FOURTEENTH SESSION

83. The Commission considered the matter of the date and place of its Fourteenth Session at its twelfth meeting, held on April 27, and decided to hold the next session at its permanent headquarters in the Pan American Union, Washington, D.C., beginning on October 3, 1966. The meeting of the Subcommittee was scheduled for September 29.

XV. CLOSING OF THE SESSION

84. The Commission closed its Thirteenth Session at the meeting held on April 28, 1966.

The Chairman of the Commission delivered a brief address concerning the work accomplished at the session, and thanked the members of the Commission, the Executive Secretary, and the staff of the Secretariat for their cooperation and assistance in the success of this work. Professor Bianchi also thanked the Government of Mexico once again for its invitation to the Commission to meet in Mexico, and for the courtesies and facilities it had provided.

APPENDIX

DOCUMENTS OF THE INTERAMERICAN COMMISSION ON HUMAN RIGHTS

(OEA/Se.L/V)

Document Number Title

OEA/Ser.L/V/11.14 DOCUMENTS OF THE THIRTEENTH SESSION

Doc. 1 Documentos de la Comisión Interamericana de Derechos Humanos, registrados por la Secretaría hasta el 30 de junio de 1966

Doc. 2 Misión en la República Dominicana (3 el 16 de noviembre de 1965) (Informs presentado a la Comisión Interamericana de Derechos Humanos por su Miembro y Representante Lcda. Angela Acuña de Chacón

Doc. 3 Misión en la República Dominicana (15 de diciembre de 1965 el 15 de enero de 1966) (Informe presentado a la Comisión Interamericana de Derechos Humanos por su Presidente y Representante Prof. Manuel Bianchi)

Doc. 4 Misión en la República Dominicana (29 de enero el 16 de febrero de 1966) (Tercer Informe presentado a la Comisión Interamericana de Derechos Humanos por su Miembro y Representante Prof. Carlos A. Dunshee de Abranches)

Doc. 5 Misión en la República Dominicana (15 de febrero al 5 de marzo de 196) (Informe presentado a la Comisión Interamericana de Derechos Humanos por su Mienbro y Representante Dr. Daniel Hugo Martins)

Doc. 6 Rev. Resumen de comunicaciones recibidas por la Comision Interamericana de Derechos Humanos correspondientes al Décimotercer Período de Sesiones

Doc. 7 Examen comparado de los proyectos de convención sobre derechos humanos del Consejo Interamericano de Jurisconsultos (Aprobado durante su Cuarta Reunión, Santiago de Chile, 1959) y de los presentados por Uruguay y por Chile a la Segunda Conferencia Interamericana Extraordinaria (Rio de Janeiro, 1965)

Doc. 8 Documentos de la Comisión Europea de Derechos Humanos (Compilación preparada por la Secretaría de la Comisión)

Doc. 9 Proyecto de Enmiendas el Reglamento de la Comisión Interamericana de Derechos Humanos (Documento preparado por la Secretaría de la Comisión)

Doc. 10 Incorporaciones el Estatuto de la Comisión de acuerdo con la Resolución XXII de la Segunda Conferencia Interamericana Extraordinaria (Proyecto preparado por la Secretaría de la Comisión)

Doc. 11 Suplemento al Informe sobre Refugiados Políticos en América (Proyecto preparado por la Secretaria de la Comisión)

Doc. 11 Rev. Suplemento al Informe sobre Refugiados Políticos en

América

Doc. 12 Misión en la República Dominicana (19 el 25 de noviembre de 1965) Informe presentado a la Comisión Interamericana de Derechos Humanos por su Miembro y Representante Dr. Durward V. Sandifer

Doc. 13 The InterAmerican Commission on Human Rights in the Dominican Republic (June 1965 to June 1966) prepared by Dr. Durward V. Sandifer,

Document Number Title

Member of the Commission for the Hammarskjold Forum on the Dominican Crisis New York City, May 2, 1966

Doc. 14 Discurso pronunciado per el Profesor Manuel Bianchi, Presidente de la Comisión, en la Sesión Inaugural del XIII Período de Sesiones en la Ciudad de México (Abril 18, 1966)

Doc. 15 Palabras pronunciadas per el C. Subsecretario de Relaciones Exteriores y Vicepresidente de la Comisión Interamericana de Derechos Humanos, Dr. Gabino Fraga, en la ceremonia inaugural del Décimotercer Período de Sesiones de la Comisión

Doc. 16 Informe del Secretario Ejecutivo sobre las actividades de la Secretaría entre el Duodécimo y Décimotercer Períodos de Sesiones

Doc. 17 Acta resumida de la Sesión Solemne Inaugural celebrada el 18 de abril de 1966

Doc. 18 Acta resumida de la Primera Sesión celebrada el 18 de abril de 1966

Doc. 19 Informe presentado a la Comisión Interamericana de Derechos Humanos por Su Presidente, Profesor Manuel Bianchi, correspondiente al Período del 2 al 14 de marzo de 1966

Doc. 20 Misión en la República Dominicana (Informe presentado a la Comisión Interamericana de Derechos Humanos por su Presidente, Profesor Manuel Bianchi) (2 de abril el 14 de abril, 1966)

Doc. 21 Acta resumida de la Segunda Sesión celebrada el 18 de abril de 1966

Doc. 22 Acta resumida de la Tercera Sesión celebrada el 19 de abril de 1966

Doc. 23 Acta resumida de la Cuarta Sesión celebrada el 20 de abril de 1966

Doc. 24 Acta resumida de la quinta Sesión celebrada el 20 de abril de 1966

Doc. 25 Acta resumida de la Sexta Sesión celebrada el 21 de abril de 1966

Document Number Title

Doc. 26 Acta resumida de la Séptima Sesión celebrada el 22 de abril de 1966

Doc. 27 Acta resumida de la Octava Sesión celebrada el 25 de abril de 1966

Doc. 28 Acta resumida de la Novena Sesión celebrada el 25 de abril de 1966

Doc. 29 Acta resumida de la Décima Sesión celebrada el 26 de abril de 1966

Doc. 30 Acta resumida de la Undécima Sesión celebrada el 27 de abril de 1966

Doc. 31 Acta resumida de la Duodécima Sesión celebrada el 27 de abril de 1966

Doc. 32 Acta resumida de la Décimatercera Sesión celebrada el 28 de abril de 1966

Doc. 33 Estatuto de la Comisión Interamericana de Derechos Humanos (Aprobado per el Consejo de la Organización en las sesiones celebradas el 25 de mayo y el 8 de junio de 1960 y modificado por la Resolución XXII de la Segunda Conferencia Interamericana Extraordinaria

Doc. 34 Reglamento de la Comisión Interamericana de Derechos Humanos (Con las enmiendas de 1961, 1962 y 1963)

Doc. 35 Informe sobre la labor desarrollada durante el Décimotercer Período de Sesiones del 18 el 28 de abril de 1966.