12
60.
To assure constant monitoring of due compliance with all the conventional
obligations that provide protection, particularly the judgments of the InterAmerican Court, in my opinion, the following sentence should be added at the
end of article 65 of the Convention:
- “The General Assembly shall convey them to the Permanent Council,
which shall study and prepare a report on the matter, in order for the
General Assembly to adopt a decision thereon.”24
In this way, a gap is filled giving completeness to the law on the matter, with a
mechanism to operate on a permanent basis (and not once a year at the OAS
General Assembly) for supervising due compliance of the Court’s judgments by
respondent states party.
61.
In the same line of thought, and with the same purpose of ensuring the
faithful compliance with the Court´s judgments, at the level of the domestic law
of the States Party, the following should be added at the end of article 68 of the
Convention, as its third paragraph:
- “If such procedure does not still exist in the domestic law, the States
Party agree to establish it pursuant to the general obligations stipulated
in articles 1(1) and 2 of this Convention.”25
Afterwards, on April 17, 2002, in his speech addressed to the Permanent Council of
the OAS, the President recalled:
11.
The Convention’s States Party also assume, in concert, the obligation of
monitoring its enforcement in their capacity as its guarantors. By creating
obligations for the States Party with respect to all individuals under their respective
jurisdictions, the American Convention requires that this collective guarantee be
exercised in order to fully attain its objects and purposes. The Inter-American
Court firmly believes that permanent exercise of that collective guarantee will help
strengthen the protection mechanisms of the American Convention on Human
Rights as we enter the 21st century.
12.
Supervision of due compliance with the Court’s judgments and decisions—
in exercising this collective guarantee—is a task incumbent on all the Convention’s
States Party . In my report of April 5, 2001, which was also given here in this
“Salón Bolívar”, I offered proposals for ensuring constant monitoring of due
compliance with all the conventional obligations that provide protection,
particularly the judgments of the Inter-American Court, including both preventive
and follow-up measures.
13.
I also suggested that in any future Draft Protocol to the American
Convention, inter alia, the following sentence be added at the end of Article 65 of
the Convention: “The General Assembly shall convey them to the Permanent
Council, which shall study and prepare a report on the matter, in order for the
General Assembly to adopt a decision thereon.” In this way, a need is filled as
regards of a mechanism to operate on a permanent basis (and not once a year at
the OAS General Assembly) for supervising due compliance of the Court’s
judgments by correspondent states. I would like to reiterate, before the OAS
24
Article 30 of the Statute of the Inter-American Court must be amended, with greater reason, in order to
be consistent with the proposed new wording of article 65 of the Inter-American Convention.
25
ICHR: “The Inter-American Human Rights Protection System on the Threshold of the Twenty-first
Century.” Report: “Basis for a Draft Protocol to the American Convention on Human Rights to Strengthen its
Protection Mechanism,” (2001), Volume II, 2nd Edition, May 2003, p.369.
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