8
held in Santiago de Chile that same year. The text of that draft is the first precedent
of current Article 65 of the American Convention, since Article 80 of said draft
provided as follows:
The judgement of the Court will be communicated to the Council of the
Organization of American States.11
12.
It befell on the Second Special Inter-American Conference held in Rio de
Janeiro on November 1965, to consider the draft Convention prepared by the InterAmerican Council of Jurists, together with two additional drafts submitted by the
Governments of Chile and Uruguay, respectively.
The draft “Convention on Human Rights” prepared by the State of Chile revisits the
rule contained in the previous draft, for in Article 72 it sets forth:
A copy of the judgment will be delivered to the interested parties and the
Council of the Organization of American States.12
The provisions of the “Draft Convention on Human Rights” submitted by Uruguay are
more accurate and similar to the current Article 65 of the American Convention.
Article 85 of said draft reads:
1.
The decision of the Court will be communicated to the Council of the
Organization of American States and all States that ratify this Convention.
2.
The Court will report to the Council of the Organization of American
States on the cases of non-compliance with its judgments.13
At this point, it is worth noticing that the OAS Charter, amended by the Protocol of
Buenos Aires, did not become effective until 1970, and provides that the General
Assembly will be the paramount authority within the Organization and that the
aforementioned drafts were prepared before 1970, for which reason they only refer to
the “Council of the Organization”, which today is the OAS Permanent Council.
13.
The Second Special Inter-American Conference decided to send the three
aforementioned drafts, as well as the minutes of its discussions, to the OAS Council so
that, after receiving the opinion of the Inter-American Commission and other organs
and entities it might deem advisable, the Council would amend the the InterAmerican Council of Jurists Draft as appropriate. Lastly, on May 18, 1966, the OAS
Council sent the aforementioned draft to the Inter-American Commission together
with the drafts by Uruguay and Chile, asking the Commission to render an opinion and
to make the pertinent recommendations. The Commission prepared two reports,
which were sent to the Council of the Organization on November 4, 1966 and April 10,
1967, respectively. The Council of the Organization took notice of the documents and
sent them as usual to the Committee on Juridical and Political Affairs (hereinafter the
“CJPA”). The consideration of these issues led to various important discussions and
enquiries to the States regarding the approval, in December 1966, of the United
Nations Covenants on Human Rights, issues which were put before the OAS Council,
11
OAS Inter-American Yearbook on Human Rights, 1968, page 268.
12
OAS Inter-American Yearbook on Human Rights, 1968, page 295.
13
OAS Inter-American Yearbook on Human Rights, 1968, page 315.
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