OEA - AG - Resolución AG08378E03

GENERAL ASSEMBLY

FIFTY-FIRST REGULAR SESSION OEA/Ser.P November 10 to 12, 2021 AG/doc.5728/21 Guatemala City, Guatemala 5 November 2021

VIRTUAL Original: Spanish Item 11 on the agenda

DRAFT OMNIBUS RESOLUTION

PROMOTION AND PROTECTION OF HUMAN RIGHTS

(Considered by the Permanent Council at its regular meeting held virtually on November 4, 2021, with the recommendation that the ad referendum, in consultation, and pending sections and paragraphs be referred to the General Committee of the General Assembly)1/

1. The sections with outstanding elements are highlighted in the table of contents and in the title of each

section.DRAFT OMNIBUS RESOLUTION

PROMOTION AND PROTECTION OF HUMAN RIGHTS THE GENERAL ASSEMBLY, REAFFIRMING the norms and general principles of international law and those contained in the Charter of the Organization of American States (OAS), international human rights law, and international humanitarian law, binding inter-American instruments on the subject, as well as the rights enshrined in the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, as pertinent; and the important role played by the organs of the inter-American human rights system in promoting and protecting human rights in the Americas; RECALLING declarations AG/DEC. 71 (XLIII-O/13) and AG/DEC. 89 (XLVI-O/16), as well as resolution AG/RES. 2961 (L-O/20) and all previous declarations and resolutions adopted on this subject; HAVING SEEN the “Annual Report of the Permanent Council to the General Assembly, October 2020 – November 2021” (AG/doc.xxxx/21), in particular the section on the activities of the Committee on Juridical and Political Affairs (CAJP); CONSIDERING that the programs, activities, and tasks set out in the resolutions under the

purview of the CAJP help further the essential purposes of the Organization enshrined in the Charter of OAS, CONTENTS i. “Autonomous official public defenders as a guarantee of access to justice for women in vulnerable situations”............................................................................................................3 ii. Human rights defenders ............................................................................................................6 iii. Rights of children and adolescents – preambular paragraph 4 and operative paragraph 4 pending...................................................................................................................................8 iv. Strengthening the Follow-up Mechanism for Implementation of the Protocol of San Salvador...................................................................................................................................11

1. Human Rights of Older Persons..............................................................................................12 vi. Eradication of statelessness in the Americas...........................................................................14 vii. “Situation of People of African Descent in the Hemisphere and Racism”.............................16 viii. “Promotion of the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance and the fight against all forms of discrimination” ............18 ix. “Protecting human rights in the context of the COVID-19 pandemic” .................................192x. “Rights of persons deprived of liberty” .................................................................................20 xi. “Protection of asylum seekers and refugees in the Americas” – operative paragraph 5 pending....................................................................................................................................22 xii. “Strengthening of the Inter-American Commission of Women (CIM) for the promotion of gender equity and equality and the rights of women” – ad referendums on operative paragraph 2 pending...........................................................................................26 xiii. “Strengthening the Mechanism to Follow Up on Implementation of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (MESECVI)” ............................................................................................................29 xiv. “Program of Action for the Decade of the Americas for the Rights and Dignity of Persons with Disabilities 2016–2026 and support for the Committee for the

Elimination of All Forms of Discrimination against Persons with Disabilities”....................31 xv. “Human rights and the environment” / ....................................................................................33 xvi. “Human rights and prevention of discrimination and violence against LGBTI persons” ......34 xvii. “Observations and recommendations on the 2020 annual reports of the Inter-American Commission on Human Rights and Inter-American Court of Human Rights” ......................37 xviii. “Strengthening follow-up on recommendations of the Inter-American Commission on Human Rights”........................................................................................................................38 xix. “Follow-up on the American Declaration on the Rights of Indigenous Peoples and on the Plan of Action on the American Declaration on the Rights of Indigenous Peoples (2017–2021)” / .........................................................................................................................39 xx. “Universal civil registry and the right to identity” .................................................................41 xxi. “The Power of Inclusion and the Benefits of Diversity” ........................................................43 xxii. “Promotion of the rights to freedom of expression, of peaceful assembly and of association in the Americas”...................................................................................................45 xxiii. “Right to freedom of conscience and religion or belief” ........................................................473i. “Autonomous official public defenders as a guarantee of access to justice for women in vulnerable situations” RECALLING that the General Assembly took note of the Principles and Guidelines on Public Defense in the Americas, unanimously adopted by the Inter-American Juridical Committee in resolution CJI/RES. 226 (LXXXIX-O/16); RECALLING ALSO the Inter-American Commission on Human Rights (IACHR) report on Violence and Discrimination against Women and Girls: Best Practices and Challenges in Latin America and the Caribbean; CONSIDERING General Recommendation No. 1 of the Committee of Experts of the Followup Mechanism to the Convention of Belém do Pará (MESECVI) on self-defense and violence against women under with Article 2 of the Convention of Belém do Pará;

NOTING that Regulation 9 of the Brasilia Regulations Regarding Access to Justice for Vulnerable People (updated version adopted by the Plenary Assembly of the XIX Ibero-American Judicial Summit, Quito, Ecuador, April 2018) calls for the necessary steps to be taken to eradicate discrimination against women in accessing the justice system for the custody of their legitimate rights and interests, in order to achieve effective equality of conditions. Special attention shall be paid to strengthening mechanisms aimed at protecting their legal assets, their access to due diligence and to speedy and timely proceedings; and EMPHASIZING the importance of giving special attention to the situation of women in vulnerable circumstances within the context of the current health crisis, and in that regard, taking note of IACHR resolution (No. 1/2020) titled “Pandemic and Human Rights in the Americas,” including the section referring to women,

RESOLVES:

1. To underscore the vital importance of the pro bono legal aid service provided by official public defender offices in the Americas -within the scope of their authorityin guaranteeing everyone, especially all women and girls who have experienced sexual and gender-based violence,- 4access to justice; as well as in recognizing and promoting without discrimination their rights, particularly their economic, social, and cultural rights, which are indispensable to leading autonomous lives free from violence.

2. To urge member states to incorporate a gender perspective into criminal defense for women who run afoul of criminal laws, especially those who are in custody. Particularly in the context of the pandemic, states are urged to pursue, where appropriate, alternatives to incarceration for women who have been accused and/or convicted, taking into special consideration the impact that this situation has on them and their immediate environment.

3. As long as problems stemming from the context of the COVID-19 pandemic remain, to urge States to consider declaring declare legal assistance and care services for all women in situations of vulnerability to be essential and indispensable. Furthermore, in the event that restrictions on freedom of movement are imposed, to endeavor to ensure alternative avenues for care.

Likewise, to encourage member states to facilitate access to justice for women who have experienced sexual and of gender-based violence, particularly within the scope of the functions of each

of vulnerability to be essential and indispensable. Furthermore, in the event that restrictions on freedom of movement are imposed, to endeavor to ensure alternative avenues for care. Likewise, to encourage member states to facilitate access to justice for women who have experienced sexual and of gender-based violence, particularly within the scope of the functions of each competent institution, in keeping with the applicable regulations, in an effort to guarantee free, accessible, effective, and specialized legal aid and representation services for women who report situations of sexual and gender-based violence; to facilitate early, urgent, and timely access to justice in order to secure protective measures for them. (For the Follow-up and Reporting section): To request the Permanent Council to instruct the Committee on Juridical and Political Affairs (CAJP) to include in its plan of action the following issue covered by this resolution, prior to the fifty-second regular session of the General Assembly with a view to promoting the sharing of experiences and best practices: “Autonomous official public defenders as a guarantee of access to justice for women in vulnerable situations.” The holding in the first quarter of 2022, of a tenth special meeting of the CAJP on best practices employed by each official public defense institution in the region for ensuring access to justice for women in vulnerable situations in defense of their human rights, to be attended by the member states and their respective official public defender institutions that provide legal aid, members of the AIDEF, and experts from the academic5community, civil society, and international organizations. Attendance by members of the AIDEF must be guaranteed by that same organization.- 6ii. Human rights defenders CONSIDERING the states’ primary responsibility to respect, protect, promote, and enforce all human rights and fundamental freedoms for everyone, including the right to defend and promote human rights and the deep concern about situations that prevent or hinder the work of human rights defenders at the national and regional levels in the Americas; and UNDERSCORING the important and legitimate work carried out by all those individuals, groups, and communities that engage in nonviolent protest, express their opinion, publicly denounce abuses and violations of human rights, provide rights education, seek justice, truth, reparation, and nonat the national and regional levels in the Americas; and UNDERSCORING the important and legitimate work carried out by all those individuals, groups, and communities that engage in nonviolent protest, express their opinion, publicly denounce abuses and violations of human rights, provide rights education, seek justice, truth, reparation, and nonrepetition, and work to prevent human rights violations, or undertake other activities to promote human rights,

RESOLVES:

1. To recognize the work done at the local, national, and regional levels by human rights defenders, and to recognize their invaluable contribution to the promotion and protection of, respect for, human rights and fundamental freedoms in the Americas.

2. To urge member states to take the necessary steps to create the social, economic, political, and other conditions, and to incorporate a comprehensive protection perspective, including differentiated and collective protections, and a gender perspective into the protection of human rights defenders including journalists and environmental activists, as well as their family members and the creation of a safe and enabling environment for the defense of human rights, granting the necessary legal guarantees for all persons without discrimination of any kind, to be able to enjoy all those rights and freedoms, individually or collectively, especially those who defend and exercise the rights to freedom of expression, association, and peaceful assembly in contexts where human rights violations are committed.

3. To give special consideration to the situation of all women human rights defenders, who unfortunately face specific risks, including sexual and gender-based violence. It is essential to ensure the rights of all women who act as human rights defenders, since they can often face different kinds of violence and highlight the importance of strengthening the role of the family and the7community as spaces of protection and support, which prevent them from running risks of aggression because of their activities in defense of human rights.

4. To condemn any act intended to directly or indirectly prevent or hinder the work of human rights defenders in the Americas including acts of reprisal, threats, intimidation, harassment, and acts in the context of the COVID-19 pandemic.

5. To urge member states to continue working on prevention of situations that impede or hinder the work of human rights defenders, as well as protection of their human rights, domestically

human rights defenders in the Americas including acts of reprisal, threats, intimidation, harassment, and acts in the context of the COVID-19 pandemic.

5. To urge member states to continue working on prevention of situations that impede or hinder the work of human rights defenders, as well as protection of their human rights, domestically and in different international forums, on the understanding that protecting human rights defenders and supporting their work is a vital part of states’ strategies to defend and guarantee human rights, and a vital part of the work of international organizations as a whole and of the activities of relevant NGOs and civil society in general.- 8iii. Rights of children and adolescents – preambular paragraph 4 and operative paragraph 4 pending CONSIDERING the significant percentage of persons under 18 years of age that typifies the population of the Americas, and the inequality gaps that exist in the region in terms of access to the full enjoyment of their rights; REAFFIRMING the need to make more effort to honor commitments with respect to the rights of children and adolescents, especially in the context of a pandemic that has sparked, inter alia, a health, skills and learning, and economic crisis that has severely affected their lives, aggravating existing inequalities; EMPHASIZING the comprehensive and multidimensional nature of the rights of children and adolescents and the resulting intersectoral and interagency coordination needed to promote and protect them; as well as the importance of having duly qualified institutions in place for this purpose, suitably staffed, sufficiently equipped, with suitable means and proven experience in this type of task, and taking note of Advisory Opinion OC-17/2002 of the Inter-American Court of Human Rights; REAFFIRMING the commitment of member states to preventing, punishing, and eradicating all forms of abuse and violence against children and adolescents in all areas of their lives as a hemispheric priority, especially during the pandemic, which, given its importance, should be the subject of a regional analysis geared towards further action that could include opportunity for a possible inter-American instrument; [USA, CAN, COL, GUA: that may include the usefulness of a possible inter-American instrument]

hemispheric priority, especially during the pandemic, which, given its importance, should be the subject of a regional analysis geared towards further action that could include opportunity for a possible inter-American instrument; [USA, CAN, COL, GUA: that may include the usefulness of a possible inter-American instrument] BEARING IN MIND that children and adolescents, because of their age, should receive protection and special care, for their full and harmonious development as human beings, within a family environment, as a natural means for their growth and well-being,- 9RESOLVES:

1. In order to promote integral development for children and adolescents, to continue promoting the creation and consolidation of comprehensive systems for promoting and protecting the rights of children and adolescents in the region, with a view to putting universal and inclusive, participatory and diversity-respecting public policies in place to deliver quality services that promote integral development, with special attention to historically excluded and/or groups in vulnerable situations, including groups of children and adolescents fleeing their countries in search of international protection.

2. To encourage member states to continue to focus their joint work on behalf of children and adolescents, with particular attention to the response to the effects of the COVID 19 health crisis and on priority issues such as early childhood, adolescence, as well as the need to insist on strengthening the promotion and protection of all their rights, taking into account the variety of conditions and circumstances, gender equality without any type of discrimination, and the creation of venues for their opinions to be heard. Likewise, to continue the actions undertaken with respect to challenges such as international child abduction, elimination of violence, trafficking and exploitation, including sexual exploitation, prevention of pregnancy in girls and adolescents, physical and emotional abuse, including in the digital context, where risks must be mitigated and opportunities in education must be enhanced, guarantee asylum-refugee procedures in a manner consistent with international law and the corresponding national legislations for those who so request in the face of persecution or human rights violations and establishing self-protection networks with intergenerational participation, among other forms of organization, with the supervision of their parents or caregivers.

3. To recognize the activities of the Inter-American Children’s Institute (IIN) especially

and the corresponding national legislations for those who so request in the face of persecution or human rights violations and establishing self-protection networks with intergenerational participation, among other forms of organization, with the supervision of their parents or caregivers.

3. To recognize the activities of the Inter-American Children’s Institute (IIN) especially its human-resource education and training initiatives for policies to protect the rights of children and adolescents, with particular emphasis on those in vulnerable situations, as well as its establishment of various working groups within existing resources and the ongoing work carried out to define strategic guidelines and innovative methodologies in operating them.

4. To instruct the General Secretariat, in consultation with the member states and in collaboration with the Inter-American Children’s Institute (IIN) and other relevant OAS bodies, to10conduct a hemispheric study on prevention, eradication, and punishment of abuse and all forms of violence against children and adolescents and which, [ BRA+USA: considering inputs like the]

[COL: based on any national evaluation done by states with the various inputs, including the] report that will be prepared by the Inter-American Children’s Institute (IIN) and , in accordance with the provisions of resolution AG/RES. 2961 (L-O/20), [CAN, USA, COL, GUA: based on the report that will be prepared by the Inter-American Children’s Institute (IIN) and , in compliance with the provisions of resolution AG/RES. 2961 (L-O/20),] will serve, inter alia, to consider the relevance of further action that may include a possible inter-American instrument on the subject, [CAN, USA, COL, GUA: that may include an inter-American instrument on the subject, using existing resources ] using existing resources. Said study will be presented to the General Assembly at its fifty-second regular session, through the Committee on Juridical and Political Affairs (CAJP).- 11iv. Strengthening the Follow-up Mechanism for Implementation of the Protocol of San Salvador HIGHLIGHTING that, to date, 16 member states have ratified the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador), Article 19 of which provides that the States Parties undertake to submit periodic national reports on the progressive measures they have taken to ensure due respect for the rights set forth in the Protocol, and that the corresponding standards were established by resolution AG/RES. 2074 (XXXV-O/05) and subsequent resolutions,

RESOLVES:

1. To commend the states parties on their commitment to, and efforts in, meeting the deadlines for submitting national reports, and to request states parties that have not yet done so to submit promptly the reports covering both groups of rights. Likewise, to encourage states parties to take into consideration the observations for developing their public policies to promote economic, social, and cultural rights, including the right to a healthy environment set out in Article 11.

2. To invite member states that are not yet party to consider signing, ratifying, or acceding to, as applicable, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador).

3. To urge the WGPSS to continue and strengthen training and technical assistance to the States Parties to the Protocol of San Salvador, when so requested, in the process of preparing national reports and in following up on its observations, and to urge states to share best practices in that regard and consider existing innovative proposals for implementing the recommendations on the Protocol of San Salvador.- 12v. Human Rights of Older Persons Concerned that, in the context of the health emergency brought about by the COVID-19 pandemic, older persons have been particularly affected and discriminated against because of their age in the provision of healthcare and health services, and recognizing that older persons have a right to

life and dignity in old age, as set forth in Article 6 of the Inter-American Convention on Protecting the Human Rights of Older Persons; as well as to the highest level of physical, mental, and social wellbeing without discrimination of any kind—as recognized in Article 19 of said Convention, to which eight member states are parties; That in this scenario, and considering our commitment to working within the framework of the “United Nations Decade of Healthy Aging (2021-2030),” starting with a concerted, catalytic, and collaborative action involving governments, civil society, international organizations, academia, the media, and the private sector to improve the lives of older persons, their families, and the communities that inhabit the Americas region, and the impact that the COVID 19 pandemic has brought to light; Bearing in mind that gender-based discrimination, together with other forms of discrimination, exacerbates the impact of the current pandemic and thus adversely affects the lives of older women, increases the risks of exclusion, and exposes them to greater risk of COVID-19 infection,

RESOLVES:

1. To encourage states to make the necessary efforts to protect the human rights of older persons in the context of the COVID-19 pandemic, which has increased their vulnerability, as observed, inter alia, by physical and psychological abuse, isolation, and difficulties in accessing priority care.

2. To urge the member states to prioritize and accommodate older persons, from a human rights and gender standpoint, in any public health efforts to prevent or address COVID-19, including immunization plans, furnishing them with adequate and accurate information thereon.

3. To encourage member states to ensure preferential care and universal, equitable, and timely access to quality comprehensive, primary care-based social and health services, especially those that provide care for older persons in vulnerable situations.- 134. To urge those member states that have not yet done so to consider signing, acceding

to, or ratifying, as appropriate, the Inter-American Convention on Protecting the Human Rights of Older Persons, bearing in mind that 10 states party to the Convention are required for the Committee of Experts to become operational.- 14vi. Eradication of statelessness in the Americas TAKING INTO ACCOUNT the universal nature of the right of all persons in the Americas to nationality, as enshrined in Article 15 of the Universal Declaration of Human Rights and in various international instruments, and, in particular, the recognition of this right in the Americas under Article XIX of the American Declaration of the Rights and Duties of Man and Article 20 of the American Convention on Human Rights, and that statelessness is a serious humanitarian problem that has worsened as a result of the health crisis and must be eradicated; and UNDERSCORING the importance of the Global Plan of Action to End Statelessness (20142024) and the commitment reaffirmed by the states of the region in the 2014 Brazil Declaration and Plan of Action for the eradication of statelessness until 2024, as well as the commitments adopted through the High-Level Segment on Statelessness in 2019 and the Global Refugee Forum held in 2019, and the significant strides made in the region recently in this area, such as the adoption of protection frameworks for stateless persons and the establishment of statelessness determination procedures in eight countries; the accession to one or both UN Conventions on Statelessness by 12 countries; the adoption of legal and institutional frameworks facilitating naturalization for stateless persons in six countries; or the elimination of gender discrimination from nationality laws, among other advances,

RESOLVES:

1. To reaffirm the commitment of member states to preventing and eradicating statelessness in the Americas and to urge member states to press ahead with the actions and strategies set out in the Global Action Plan to End Statelessness (2014-2024) and in the Brazil Plan of Action

(2014).

2. To invite member states that have not yet considered it to ratify or accede to the UN conventions on statelessness, especially during the ceremony commemorating the Convention on the Reduction of Statelessness that took place on the fringes of the UN General Assembly held in

(2014).

2. To invite member states that have not yet considered it to ratify or accede to the UN conventions on statelessness, especially during the ceremony commemorating the Convention on the Reduction of Statelessness that took place on the fringes of the UN General Assembly held in September 2021, and, at the same time, to adopt or amend their domestic laws, as required, to establish fair, efficient and timely procedures to determine statelessness and grant facilities for stateless persons to be naturalized, in a manner consistent with their obligations under international law.- 153. To urge member states that have not yet done so to eliminate gender-based and other discrimination from nationality laws; in order to eliminate discriminatory and xenophobic practices against stateless persons; to develop appropriate safeguards to prevent cases of statelessness, in particular in cases of children, adolescents, and groups in a vulnerable situation; to promote the universal registration of births by increasing registration of births that occur or have occurred in border zones, indigenous territories, and remote rural areas; to improve data on stateless populations; and to resolve existing cases of statelessness within a reasonable time, in a manner consistent with their respective international rights commitments and obligations, especially in situations resulting from arbitrary denial and deprivation of nationality.- 16vii. “Situation of People of African Descent in the Hemisphere and Racism” CONSIDERING resolution A/RES/75/314, which creates the Permanent Forum of People of African Descent, Section ix. “Promotion of the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance and the fight against all forms of discrimination” and Section xii. “Situation of Afro-descendent populations in the Hemisphere and racism” of resolution AG/RES. 2961 (L-O/20) “Promotion and Protection of Human Rights,” the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance, the InterAmerican Convention against All Forms of Discrimination and Intolerance, AG/RES. 2824 (XLIVO/14) on the International Decade for People of African Descent, AG/RES. 2891 (XLVI-O/16) on the Plan of Action for the Decade for Persons of African Descent in the Americas (2016-2