Let me begin by expressing my most sincere pleasure to be here with you today at this historic first session of the Inter-American Court of Human Rights to be held in a CARICOM country, a region with which I feel particular affinity.
I take this opportunity to thank the leadership of the Inter-American Court of Human Rights, in particular it's President, Judge Jorge Diego Garcia Sayan, and the Government of Barbados for the decision to convene this meeting in one of the nations of the Caribbean Community with one the longest traditions of democracy in our Hemisphere.
Having this extraordinary session of the Court in Barbados will provide an opportunity to raise awareness among the citizens of this country and the rest of the Caribbean on the workings of the Inter-American Court of Human Rights. This approach will allow Caribbean citizens to learn about the benefits of the Inter-American human rights system and hopefully also will encourage those countries that have not yet done so to recognize the jurisdiction of the Court.
Ladies and Genlemen, in the wake of the second world war, human rights took a historic leap by attaining an international dimension and it was precisely in this area that our region, the Americas, placed itself at the forefront of man's struggle for liberty: some months before the United Nations General Assembly proclaimed the Universal Declaration of Human Rights on December 10, 1948, the Organization of American States adopted the American Declaration on the Rights and Duties of Man at the Conference of Bogotá where the Charter of the Organization of American States was also signed in April 1948.
One decade later, the fifth meeting of consultation, held in Santiago, Chile, created the Inter-American Commission on Human Rights, whose ceaseless and invaluable work I need hardly emphasize. The American Convention on Human Rights, or Pact of San Jose, which brought the Court into being was signed in 1969.
The Americas in this, just as in so many other things, has its own and historic character. The unity of humankind, proclaimed by Brother Bartolomé de las Casas, was the necessary precursor for the phrase “men are born and remain free and equal in rights,” which resulted from the French Revolution. We could venture to say, then, that the struggle for human rights is in our very origins, inscribed in the “birth certificate” of the Americas.
In our region, we have completed the circle: we have a declaration of principles; a ratified convention; and a Commission and a Court responsible for promoting and protecting the human rights of our citizens. We have witnessed relevant and substantial progress in member states in areas of democracy, human rights, rule of law and governance. We still have a long way to go to create that kind of society which we aspire to, where there is maximum peace, prosperity and equality for all. So we must encourage member states, the private sector, civil society and other sectors of society to continue defending democracy and it's institutions, continue promoting human rights, equality and non-discrimination under a system of rule of law.
In this regard, it is essential to recognize the efforts of the Inter-American Court of Human Rights to create a forum where countries and victims or their representatives (or the recently introduced Inter-American Defender that the Court itself may appoint), are able to present themselves and put forward their case on the most complex human rights issues on an equal footing with representatives of member states. This access to the Court is, in itself, a considerable achievement of the system.
It is worth recalling that Article 3 of the Charter of the Organization reaffirms principles that are very much applicable to the field of human rights, such as in article 3b, where it states that the "International order consists essentially of respect for the personality, sovereignty, and independence of States, and the faithful fulfillment of obligations derived from treaties and other sources of international law" and in 3l reaffirming that "The American States proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex."
Furthermore, in an exercise held between May and September of this year among member states gathered at the OAS Permanent Council in Washington, D.C., on the occasion of the 10th Anniversary of the Inter-American Democratic Charter, countries underscored the evident and necessary link between human rights and democracy. In that regard, they clearly stated that without respect for human rights and fundamental freedoms there is no democracy, and therefore member states commited to continue efforts to strengthen the inter-American human rights system with concrete actions.
They also insisted on the need to address human rights challenges in the hemisphere, including all forms of discrimination, violence against women, forced disappearances, extrajudicial executions, violations of due process, infringements of freedom of expression, and the rights of migrant workers and their families, just to mention a few.
Ladies and Gentlemen, there is no question on the fact that Democracy in the inter-American system is formally linked to human rights; its full observance is a daily discipline that the people demand and governments have an obligation to ensure. Democracy, and so also human rights, need continuous nurturing through education and special communication programs, so as to embed the shared beliefs in society, the moral norms and cultural values in the minds of our peoples. Peace and properity in our societies not only require an intelligent, creative and educated population, but an equally responsible, dedicated and respected citizenry.
Allow me, therefore, to celebrate at this occasion, but at the same time reflect on the road still to be traveled in order to effectively protect the lives, liberty, and dignity of individuals. Looking to the future, we realize how far we still have to go to ensure the full respect for the fundamental rights and freedoms of men and women in our hemisphere.
We all share the fundamental belief that human rights are based on the highest possible principle: the dignity of man. The inalienability of this principle admits no exceptions and without its full observance all other progress attained by a community becomes less meaningfull.
So long as there is a single man or woman in any of our countries without basic needs in the area of food, housing, health, or education, or who suffers uncertainty over the future of their children, we can not speak of complete peace or real justice in our region, and the observance of basic human rights will not bear its full fruit. The denial of human dignity has many faces, and each one is unacceptable and worthy of our continued efforts to fight and eliminate the wrong.
As a representative of the Organization at this important event, let me also emphasize the priority that the elected officials give to the issue of Universalization of the inter-American human rights instruments, looking first at the American Convention on Human Rights. The General Assembly has made calls to member states to focus on this key issue for more than a decade and, though a long way from completion, we have made some progress in this task. The universalization of the inter-American human rights instruments, far from purely theoretical, has broad implications for the inter-American System. It would foster a common approach to one of the main pillars of the Organization. Therefore, universalization would present an OAS that truly shares common value. Without doubt, the universilization would strengthen the role of the Court and the Inter-American Commission on Human Rights substantially, which would facilitate for both organs to operate on a permanent basis and fulfill an aspiration of all the peoples of our Hemisphere, most especially of human rights defenders and victims of human rights violations.
The American Convention on Human Rights, which was adopted by the Pact of San José of 1969 and entered into force in 1979, has only been ratified by two thirds of the OAS member states.
This means that the highest human rights organ of the Organization does not have jurisdiction over a third of the OAS member states, including Canada, the United States and eight Caribbean countries. As long as the inter-American human rights system only works for the Latin-American and some Caribbean countries, we will have a system that is unbalanced and unable to provide equal protection to all victims of human rights violations in a Hemisphere that takes pride in its integration.
We should not underestimate the outstanding achievements that the inter-American human rights system can boast today. However, our system could have an even stronger impact if all member states were to recognize the jurisdiction of the Court.
Speaking as a citizen of the Caribbean, I cannot overemphasize the significance of this extraordinary session of the Inter-American Court on Human Rights inaugurated here today in Bridgetown, Barbados.
For human rights experts and scholars, Caribbean civil society organizations, officials of the four Caribbean countries that accept the jurisdiction of the Court (Barbados, Haiti, Suriname and the Dominican Republic), and for the OAS, which I represent before you today, this is a historic occasion that we truly hope will be followed by more sessions of the Court in other Caribbean states and, more importantly, by further ratifications of the American Convention on Human Rights and acceptance of the jurisdiction of the Court by countries of the Caribbean and North America.
I would like to thank all the judges for this kind invitation to the elected authorities of the OAS to attend the opening ceremony of this 44th Extraordinary Session of the Inter-American Court of Human Rights and to address this extraordinary session. Allow me, to pay fitting homage to your faithfulness to democracy, to your exemplary, unfailing solidarity with the supreme cause of the dignity of, and respect for, human beings and their fundamental rights.
Allow me also especially to pay tribute to the Barbadian legal luminary Oliver Jackman, who served as a Judge of the Court from 1995 to 2006 for his outstanding contribution human rights in the Inter-American System. His membership of the Court undoubtedly introduced in many ways a Caribbean spirit in the working and doings of the Court.
While acknowledging the contributions that all judges in the countries of the Americas have made to the Inter-American Court of Human Rights are equally important, I would like to pay special tribute to the two eminent Caribbean jurists who serve on this body: Judge Margarette May Macaulay / of Jamaica and Judge Rhadys Iris Abreu Blondet / of the Dominican Republic..
In conclusion, I would like to appeal to the OAS member states to ensure that their sense of responsibility and the higher purposes of the organization are not mired by occasional disagreements, and to continue their contributions to strengthening the work of the Inter-American Court of Human Rights, not only so that we can live up to the honorable past that the Americas region has in protecting human dignity, but also to contribute to our future, beleaguered as it is with problems and difficulties, and yet filled with faith in what the common will of this family of the Americas is capable of achieving.
I wish you fruitfull deliberations and I thank you for your attention.