This entire situation affects the problematic presented by Peru in its request for
interpretation of the judgment based on Article 67 of the Convention, reason for which
I will refer to possible solutions to the same in the next section.
VI
REFLECTION ON THE INTER-AMERICAN HUMAN RIGHTS PROTECTION SYSTEM
FOR ITS IMPROVEMENT AND STRENGTHENING
15.
The only solution that exists to improve the Inter-American Human Rights
Protection System is to continue with the reflection process for its improvement that
the General Assembly has ordered be carried out, every year, by its Commission of
Juridical and Political Matters. What has happened is that since 1996 when the
Assembly carried out this activity for the first time, based on the corresponding
meetings held regarding this matter at the headquarters of the Ministry of Foreign
Affairs and Worship of Costa Rica in the year 2001, agreements were made through
the consensus of all the parties involved, State Parties, Court, and Commission, whose
consequences were of the utmost importance: the reforms to the Rules of Procedure of
the Court and the Commission, the most important step taken since the Specialized
Inter-American Conference held in Costa Rica in 1969.
16.
This dialogue process between the main actors of the system: the bodies of
protection, Court and Commission, the State Parties to the American Convention, and
civil society, especially those non-governmental organizations that litigate with
frequency in the system, must be vigorously taken up again in order to reach
agreements in work groups that can later be forwarded to the Permanent Council and
the General Assembly.
17.
The following resolutions of the General Assembly refer to any of the matters
that must be the object of dialogue:6 AG/RES. 1633 (XXIX-O/99), AG/RES. 1652
(XXIX-O/99), AG/RES. 1701 (XXX-O/00), AG/RES. 1716 (XXX-O/00), AG/RES.1827
(XXXI-0-01), AG/RES.1828 (XXXI-0-01), AG/RES.1833 (XXXI-0-01), AG/RES.1850
(XXXII-0-02), AG/RES.1890 (XXXII-0-02), AG/RES.1918 (XXXIII-0-03), AG/RES.1925
(XXXIII-0-03), AG/RES.2030 (XXXIV-0-04), AG/RES.2043 (XXXIV-0-04), AG/RES.2129
(XXXV-0-05), AG/RES.2075 (XXXV-0-05), AG/RES.2223 (XXXVI-0-06), AG/RES.2220
(XXXVI-0-06), AG/RES. 2291 (XXXVII-O/07), AG/RES. 2292 (XXXVII-O/07), y
AG/RES. 2407 (XXXVIII-O/08).
18.
To the following subjects previously mentioned we could add others that are not
less relevant. It is necessary to make a non-exhaustive list of subjects that can be
complemented by the interested participants.
1.
Direct access of the victim to the Inter-American Court, after exhausting
the process before the Commission.
2.
A Permanent Court and Commission.
3.
Application of Article 65 of the Convention due to non-compliance of
judgments.
6
Organization of American State: Minutes and Documents, Volume I. Years: 1999, 2000,
2001, 2002, 2003, 2004, 2005, 2006, 2007, and 2008.
5