(Approved during the talks between Ministers of Foreign Affairs held on November 22, 1999; pending edition by the Style Committee)

The Ministers of Foreign Affairs and Heads of Delegation, meeting in San José, Costa Rica, on November 22, 1999, in order to strengthen the inter-American system for the protection of human rights and coordinate the operation of the organs of the system and having held an extensive exchange of ideas on its future, have agreed to adopt the following resolution:

CONSIDERING that the Third Special Inter-American Conference (Buenos Aires, 1967), approved the inclusion of the Inter-American Commission on Human Rights in the Charter of the Organization of American States (OAS) as one of its principal organs and resolved that an inter-American convention on human rights should determine the structure, jurisdiction and procedures of the organs responsible for this matter;

RECALLING that the American Convention on Human Rights was adopted on November 22, 1969, during the Inter-American Specialized Conference on Human Rights, held in San José, Costa Rica;

BEARING IN MIND that twenty-five Member States of the Organization of American States have ratified or adhered to the American Convention on Human Rights (Pact of San José, Costa Rica), and twenty-one States Parties have accepted the contentious jurisdiction of the Inter-American Court of Human Rights;

EMPHASIZING the work that has been carried out by the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights to protect and promote human rights; and,

OBSERVING that the Governments of the member countries of the Organization of American States are commemorating the thirtieth anniversary of the American Convention on Human Rights (Pact of San José, Costa Rica), the twentieth anniversary of the establishment of the Inter-American Court of Human Rights and the fortieth anniversary of the Inter-American Commission on Human Rights, and are seeking to design a strengthened, efficient and coordinated inter-American system for the new millennium that is able to meet actual and future challenges.

RESOLVE:

1.  To create an ad-hoc working group composed of representatives of the Ministers of Foreign Affairs of the States Parties to the American Convention on Human Rights, the President of the Inter-American Court of Human Rights, the Chairman of the Inter-American Commission on Human Rights, a representative of the Secretary General of the Organization of American States and an expert from the Inter-American Institute of Human Rights, so that they may present a plan of action to strengthen and develop the inter-American system of human rights.

2.  The ad-hoc working group may invite the other Member States of the Organization of American States to participate.

3.  The ad-hoc working group will meet periodically in different States Parties to the American Convention, by invitation, so that it may present the draft plan of action to the next General Assembly of the Organization of American States, to be held in Canada, for the approval of the Ministers of Foreign Affairs.

DECLARATION ON THE OCCASION OF THE THIRTIETH ANNIVERSARY OF THE AMERICAN CONVENTION ON HUMAN RIGHTS, the twentieth anniversary of the ESTABLISHMENT OF THE inter-american court of

human rights and the fortieth anniversary of the

inter-american commission on human rights

We, the Ministers of Foreign Affairs and Heads of Delegation, meeting in San José, Costa Rica, on November 22, 1999, in order to commemorate the thirtieth anniversary of the adoption of the American Convention on Human Rights, the twentieth anniversary of the establishment of the Inter-American Court of Human Rights and the fortieth anniversary of the Inter-American Commission on Human Rights, and having held an extensive exchange of ideas on the future of the inter-American system for the promotion and protection of human rights, have agreed to issue the following declaration:

1.  RECALLING that the creation and consolidation of a regime of personal liberties with regard to the fundamental rights of the human being has played an essential part in strengthening democracy and the political development of our hemisphere.

The Organization of American States has been the principal forum for the establishment of the legislation and institutions of the inter-American system of human rights that is, today, a fundamental heritage of our peoples.

2.  WE CONSIDER that our juridical experience and practice have been the source of new legislative developments in the hemisphere that have paved the way towards granting special recognition and protection to the rights of women and also those of vulnerable groups in our societies, in particular, children, migrant workers and their families, indigenous peoples, and the disabled.

3.  WE RECOGNIZE that the anniversary of the adoption of the Pact of San José and the establishment of the Inter-American Court provide an opportunity to examine what we have accomplished and the challenges that are still pending in order to ensure the universal and effective exercise of the fundamental rights and freedoms of men and women.

4.  WE REAFFIRM the commitment of our countries to the inter-American system of human rights and we recognize the substantial contribution of its institutions to achievements in the safeguard and exercise of the fundamental human rights and freedoms in the hemisphere, together with that of all those persons who, with integrity and dedication, have contributed to the prestige that it enjoys today.

5.  WE RECOGNIZE that the fundamental human rights and freedoms are not generated by the fact that an individual is a national of a State, but originate in the dignity and value of the human being, so that their protection and defense are a universal obligation that equally concerns both the States and the international community as a whole. By adopting the American Declaration of the Rights and Duties of Man, our hemisphere unequivocally assumed its commitment to the regional nature of the elimination and protection of individual guarantees.

6.  WE REITERATE the universal, indivisible and interdependent nature of all human rights and, in this respect, will promote economic, social and cultural rights on our agenda, since they should receive the same attention as civil and political rights.

7.  WE REITERATE our support for the inter-American system of human rights, to which we have assigned the responsibility of complementing the action of our justice systems in order to guarantee the full exercise of human rights.

8.  WE REALIZE that, although democratic institutions have been strengthened and important progress has been made in the field of human rights, serious human rights violations that harm the rule of law continue to occur in the hemisphere.

We renew the commitment of our Heads of State and Government, set forth in the Declaration and Plan of Action of Santiago, to persevere in strengthening justice and human rights, as an essential hemispheric priority.

9.  WE REAFFIRM the need for the inter-American system of human rights to be effective through the full accession of all the Member States of the Organization of American States to the juridical instruments on which it is based. To this end, we reiterate the commitment established in the Second Summit of the Americas to promote the signature and ratification of or accession to the international human rights instruments to which we are not parties, and also to abide by the provisions of those juridical instruments to which we are parties.

10.  WE WILL DEVELOP integrated policies destined to promote and protect human rights at the national and regional level, in accordance with international legislation and principles, with the participation of civil society. To this end, we urge that the said legislation and principles should be integrated into national legislation when appropriate.

11.  WE WILL CONTINUE supporting and cooperating with activities designed to strengthen and perfect the inter-American system for the promotion and protection of human rights. Consequently, we encourage and support the current discussions on the system among our countries, within the Organization of American States.

12.  WE CONSIDER that these discussions should make a comprehensive evaluation of the state of human rights in the hemisphere; prepare a concrete proposal that endows the human rights system with the tools and resources necessary to confront new challenges; examine the obstacles that have prevented universal accession to the system’s basic instruments and contribute to surmounting them; and encourage cooperation among competent national and regional institutions.