The Presidents of Bolivia,
Colombia, Ecuador, Peru and Venezuela, meeting
as the Andean Presidential Council and on
behalf of the peoples of the Andean Community,
Drawing inspiration from
the thought of The Liberator Simón Bolívar,
who in his Address to the Constituent Congress
of Bolivia proclaimed that it is the prime
desire of all peoples to attain possession of
their rights, exercise political virtues and
facilitate to each person the acquisition of
the luminous talents and enjoyment that
belonging to the human race essentially
entails;
Convinced that human rights
are inherent to all human beings, who are all
free and equal in dignity and rights;
Considering that the
internal legal order of the States and
International Law on Human Rights must protect
human rights permanently and complementarily;
Committed to the respect
and application of the Charter of the United
Nations, the Charter of the Organization of
American States, the American Convention on
Human Rights - Pact of San José -, the
International Covenant on Civil and Political
Rights, the International Covenant on Economic,
Social and Cultural Rights, the Additional
Protocol to the American Convention on Human
Rights in the area of Economic, Social and
Cultural Rights - Protocol of San Salvador -,
the Inter-American Democratic Charter and
other international instruments on human
rights to which the Andean nations are State
Parties;
Engaged in the defense of
the objectives and principles set forth in the
Universal Declaration of Human Rights, the
American Declaration on the Rights and Duties
of Man and the United Nations Declaration on
the Right to the Development;
Recognizing the
contribution of the Andean Parliament and, in
particular, the principles set forth in the
Andean Social Charter adopted on September 30,
1994;
Committed to the
development of the increasingly dynamic role
played in today’s world by the Andean
Community, a conglomerate of peoples united by
the conscience of a common past and geography
and as a brotherhood in search of historical
targets that affirm and project the roots and
traditions characteristic of their identity;
Decided to consolidate and
promote Andean unity based on the recognition
of the diversity of their territories, peoples,
ethnic groups and cultures, and with the firm
belief that democracy, development and the
respect of human rights and fundamental
freedoms are interdependent and mutually
reinforcing;
Bearing in mind the
recommendations of the Andean Subregional
Seminar «Democracy and Human Rights», held in
Quito in August 2000, related to the drafting
of an Andean Charter for the Promotion and
Protection of Human Rights and cooperation to
strengthen the observance of human rights in
the Andean region;
Taking note of the valuable
contributions derived from the consultation
process carried out to prepare this Charter
with Andean Community bodies - in particular
those received from the Court of Justice of
the Andean Community and the Andean Labor
Council - and representatives of civil society
in the five Andean countries;
Determined to contribute
towards advancing world solidarity and respect
for human diversity based on the promotion and
protection of human rights, and to promote the
political, economic and social development of
their countries, having as a focus and
ultimate goal the welfare of the human being;
In compliance with the
mandates of the Act of Carabobo, of June 24,
2001 and of the Declaration of Machu Picchu on
democracy, the rights of indigenous peoples
and the fight against poverty, of July 29,
2001, through which the Presidents of the
Andean countries entrusted the Andean Council
of Ministers of Foreign Affairs the
preparation of a draft Andean Charter for the
Protection and Promotion of Human Rights
containing the principles and substantive
issues of community policy on the subject;
Decided to jointly proclaim
the principles, objectives and commitments of
the Andean Community regarding the promotion
and protection of human rights;
Sign this
ANDEAN CHARTER FOR THE
PROMOTION AND PROTECTION OF HUMAN RIGHTS
SECTION I
GENERAL PRINCIPLES
Article 1. The Member
States of the Andean Community recognize that
human rights are inherent to the nature and
dignity of everyone.
Article 2. They recognize
that all human rights must be enforceable and
reaffirm their commitment to respect and
command respect for human rights and the
fundamental freedoms set forth in
international instruments and in national
legislations, and to adopt the necessary legal
and administrative measures to prevent and
investigate actions that may constitute
violations of human rights, to ensure the
effectiveness of constitutional and legal
remedies, to try and punish those responsible
for the violations and to grant full relief to
the victims, according to law.
Article 3. They affirm the
principle that all human rights and
fundamental freedoms are universal,
indivisible, interdependent and interconnected
and that, consequently, the application,
promotion and protection of civil and
political rights as well as economic, social
and cultural rights and the right to
development must receive equal and decisive
attention.
Article 4. Within the
framework of respect for Human Rights, they
reiterate the obligation and commitment of
subregional states towards the preservation,
protection and defense of democracy, as
established among other instruments in the
Riobamba Charter of Conduct, the Additional
Protocol to the Cartagena Agreement
“Commitment of the Andean Community to
Democracy” and the Inter-American Democratic
Charter.
Article 5. They reiterate
the will of the Andean Community Member States
to accept the decisions of the Inter-American
Human Rights Court. Furthermore, to take a
constructive attitude to favorably accept the
decisions and recommendations of regional and
global non-jurisdictional mechanisms, when
applicable, pursuant to relevant human rights
treaties and constitutional provisions.
Article 6. They ratify
their commitment to promote conditions
favorable to universal observance and
strengthening of systems for the protection of
human rights, through signature, ratification
and/or accession to international human rights
instruments, and harmonization between
national legislations and international rules
on the subject of human rights.
Article 7. They emphasize
the need to promote the participation of civil
society in the preparation and execution of
Member States’ national action plans and
programs in favor of the observance of human
rights.
Article 8. They declare
that every person, whether a national or a
foreigner, found within the territory of the
Andean Community Member States is entitled to
all human rights and fundamental freedoms set
forth in International Law on Human Rights and
in pertinent national legislation.
Article 9. They recognize
the right of everyone to file accusations,
complaints or petitions concerning violations
of human rights and fundamental freedoms
before judicial organs, Ombudsmen and/or
pertinent administrative echelons, and to be
heard under the terms provided for in national
legislations; furthermore, they reaffirm their
commitment to support judicial organs and
Ombudsmen within the sphere of their
jurisdiction.
SECTION II
DISCRIMINATION AND
INTOLERANCE
Article 10. They reaffirm
their decision to combat all forms of racism,
discrimination, xenophobia and any kind of
intolerance or exclusion against individuals
or communities on account of race, color, sex,
age, language, religion, public opinion,
nationality, sexual orientation, immigration
status or any other condition, and, decide to
promote national legislations that punish
racial discrimination.
Article 11. They shall
strengthen educational plans and programs on
human rights in order to promote a social
culture based on tolerance, the respect of
differences and non-discrimination.
Article 12. They agree to
undertake the necessary actions to ensure the
protection of the human rights of minorities
and to combat all acts of discrimination,
exclusion or xenophobia directed against, and
affecting, them.
SECTION III
DEMOCRACY AND HUMAN
RIGHTS
Article 13. The Andean
peoples have a right to democracy and their
governments have the obligation to promote and
defend it, in order to achieve full exercise
of all civil and political rights, economic,
social and cultural rights, and the right to
development.
Article 14. They reiterate
their commitment to the contents of the Inter-American
Democratic Charter and of Resolution 2002/46
of the United Nations Commission on Human
Rights on “New measures to promote and
consolidate democracy”, especially regarding
the essential elements of democracy: respect
for human rights and fundamental freedoms,
freedom of association, freedom of expression,
of opinion, of access to and the exercise of
power in accordance with the rule of law; the
holding of periodic free, fair and impartial
elections based on universal suffrage and
secret balloting as an expression of the will
of the population; a pluralistic system of
political organizations and parties; the
permanent, ethical and responsible
participation of citizens in the political
life of their countries; the separation and
independence of powers; the transparency and
accountability of public administration, and a
free, independent and pluralistic press.
Article 15. They confirm
their accession to the Commitment of the
Andean Community to Democracy, signed in Porto
in 1998, which is meant to become the Andean
democratic clause.
Article 16. They commit
themselves to uphold democratic order in the
Andean region, convinced that the observance
of democratic values ensures the
interdependency and mutual reinforcement
between democracy, development and the respect
for human rights and fundamental freedoms.
Article 17. They reiterate
their commitment to the Inter-American
Democratic Charter (2001), affirm that the
observance of democratic order is an
indispensable guarantee for the effective
exercise of human rights and fundamental
freedoms and, consequently, undertake to adopt
all possible measures to strengthen it.
Article 18. They recognize
the right of every citizen, man or woman, of
the Andean Community Member States to elect
and participate in the elections of the Andean
Parliament, which shall be held through free,
direct and secret universal suffrage.
SECTION IV
CIVIL AND POLITICAL
RIGHTS
Article 19. They reaffirm
their commitment to respect and safeguard
civil and political rights, in particular the
right to life and personal integrity, as set
forth in the Covenant on Civil and Political
Rights and international instruments on the
subject as well as constitutional norms of
Member States.
Article 20. They shall
promote and protect the freedom of thought and
of opinion and expression, in particular free
operation of the media without public
political interference or meddling of private
pressure groups; the access to electronic
information media; and the access of
individuals to information that public
administration and private corporations might
have on them, as prescribed by law.
Article 21. They shall
protect the right of everyone to seek asylum,
pursuant to national and regional regulations
in effect, and to enjoy its benefits in the
event it is granted.
Article 22. They renew the
commitment of the Andean Community Member
States to apply the provisions of the
International Covenant on Civil and Political
Rights and of the American Convention on Human
Rights concerning the safeguarding of human
rights during periods officially declared
“state of emergency”, due to exceptional
situations.
Article 23. They shall
launch action plans with the participation of
competent public entities and civil society,
designed to prevent and eliminate, as well as
investigate, try and punish, crimes against
humanity, including the practice of torture
and other cruel, inhuman or degrading
treatment or punishment, the forced
disappearance of persons and extrajudicial
executions.
SECTION V
ECONOMIC, SOCIAL AND
CULTURAL RIGHTS
Article 24. They reaffirm
their commitment to comply with, and enforce
compliance of, the rights and obligations set
forth in the International Covenant on
Economic, Social and Cultural Rights and, in
particular, to take measures, either
separately or through international assistance
and cooperation, to the full extent of their
resources, to progressively attain, through
the appropriate means, the full exercise of
the human rights recognized in the Covenant,
including the right:
1. To have the opportunity
to make a living through freely chosen or
accepted work.
2. To enjoy just and
satisfactory working conditions.
3. To form and join trade
unions and to enjoy other labor rights.
4. To social security.
5. To protection and
assistance for the family.
6. To an adequate standard
of living for the individual and the families,
including the rights to adequate food,
clothing, and housing, and to the continued
improvement of their living conditions.
7. To the highest
attainable standard of physical and mental
health.
8. To education.
9. To culture and to enjoy
the benefits of scientific advances and
intellectual production.
Article 25. They shall
promote and protect the rights and guarantees
of workers, in accordance with national
legislations, International Law on Human
Rights and labor standards issued by the
International Labour Organization.
Article 26. They highlight
the relevance of the provisions of the
Additional Protocol to the American Convention
on Human Rights in the area of Economic,
Social and Cultural Rights - Protocol of San
Salvador - for the exercise of these rights in
the Andean region and reiterate their
commitment to perform the provisions of the
Protocol in conjunction with those of other
international instruments on the subject, and
of their national legislations.
Article 27. They endorse
the drafting of an optional protocol to the
International Covenant on Economic, Social and
Cultural Rights to enable the Economic, Social
and Cultural Rights Committee to receive
individual or collective complaints for
possible violations of any of the rights set
forth in the Covenant.
SECTION VI
RIGHT TO DEVELOPMENT
Article 28. They undertake
to comply and enforce compliance with the
principles set forth in the Declaration on the
Right to Development (1986) of the United
Nations General Assembly and in the
international instruments containing
provisions on this matter.
Article 29. In order to
promote the right to development in the Andean
sphere, they shall give priority to the
attention of the following issues:
1. Creation of favorable
conditions and the design of national and
regional development policies with the purpose
of progressively improving the social welfare
of the Andean population, on the basis of its
active, free and significant participation in
development, with a view to the equitable
sharing of its benefits.
2. National action and
regional cooperation to eliminate the
obstacles to development and the fight against
poverty, extreme poverty and inequity; the
promotion of an international economic order
that addresses individual rights and the needs,
conditions and aspirations of Andean countries
and their access to the benefits of the global
society.
3. Promotion of subregional,
regional and international cooperation so that
the impacts of scientific and technological
progress are directed at the economic and
social development of the nations and the
strengthening of international peace and
security, pursuant to the principles of the
Charter of the United Nations.
4. Concerted action of
Andean countries, in cooperation with other
countries and groups of countries, to
counterbalance the effects of the volatility
of financial markets, ensure free access of
our goods and services to international
markets, and promote the elimination of
dumping or subsidizing practices and policies
and other hindrances to free trade.
5. Promotion of
participation of the population in the
decision-making process aimed at its
sustainable human development.
6. Representation before
international financial entities so that the
design of structural adjustment policies and
other measures related to foreign debt, takes
into account their impact on the promotion and
protection of human rights, in particular
economic, social and cultural rights and the
right to development, keeping in mind the
conditions and social needs of the countries.
7. National and regional
governance of Andean countries so that: (a)
international financial bodies and debtor
countries consider effective relief mechanisms
for foreign debt servicing, when required by
the situation of the country concerned; and
(b) creditor and debtor countries agree upon
understandings to deal with the negative
impacts that under given circumstances may
arise from foreign debt servicing on the right
to development.
8. Importance of
conservation and protection of the environment
and its appropriate use as a factor of
sustainable development, particularly in
relation to linking foreign debt and the
environment.
SECTION VII
RIGHT TO A SAFE AND
PROTECTED ENVIRONMENT
Article 30. They recognize
the right of everyone and of societies to a
safe and protected environment.
Article 31. They declare
that the promotion and defense of the right to
a safe and protected environment within the
human rights regulatory framework requires
taking into account the instruments of
International Law on the environment, inter
alia, the Convention on Biological
Diversity, the Convention on Climate Change,
the Convention to Combat Desertification, and
in particular, the Regional Biodiversity
Strategy for Countries in the Andean Tropics
adopted by the Ministers of Foreign Affairs.
SECTION VIII
RIGHTS OF INDIGENOUS
PEOPLES AND COMMUNITIES OF AFRICAN DESCENT
Article 32. They affirm
that the Andean Community Member States are
multiethnic and multicultural. The diversity
of their societies is one of their
cornerstones, wealth and basic characteristics;
consequently, they reaffirm the right of all
the peoples and communities in the Andean
countries to the preservation and development
of their own identities and the consolidation
of each country’s national unity based on the
diversity of their societies.
Article 33. They
particularly undertake to promote programs in
favor of intercultural exchange, understood as
the preservation and development of the
ancestral identities of indigenous peoples and
communities of African descent, through the
fostering of social spaces for contact, dialog
and interaction between such peoples and
communities and the rest of societies in
Andean countries, based on the reaffirmation
and observance of their own identities and
cultures
Article 34. They shall
adopt effective measures so that educational
systems, in all their levels and modalities,
reflect the values inherent to the cultural
and ethnic diversity of Andean countries and
incorporate into their programs of study
notions and practices that foster an attitude
of respect for diversity and advance the
purposes of intercultural exchange.
Article 35. They shall
encourage educational systems to foster
intercultural exchange through the development
of specific programs for indigenous peoples -
such as bilingual intercultural education -
and promote the establishment of study
programs on indigenous and Afro-descendant
cultures.
Article 36. They reiterate
their commitment to fulfill and enforce
fulfillment of the rights and obligations set
forth in international instruments aimed at
the promotion and protection of human rights
of indigenous peoples and of communities of
African descent, in particular the Convention
(No. 169) concerning Indigenous and Tribal
Peoples in Independent Countries of the
International Labour Organization.
Article 37. They recognize
that indigenous peoples and communities of
African descent, in addition to the human
rights their members are entitled to as
individual citizens, are also entitled as
human groups of ancestral roots, to collective
rights, the common exercise of which promotes
their historical continuity, the preservation
of their identity and their future development.
Article 38. They also
recognize that indigenous peoples and
communities of African descent, within the
framework of national legislations and
regulations on human rights, are entitled to
maintain and develop their identities and
customs in the cultural, spiritual, political,
economic and legal spheres; to ownership and
possession of the lands or territories they
traditionally occupy; to not being displaced
from them and to return to them in the event
that they are; to preserve their own forms of
social organization, exercise of authority and
administration of justice; to develop and
maintain their tangible and intangible
cultural heritage; and to the protection of
their ancestral collective knowledge and the
exercise of their traditional practices.
Article 39. They further
recognize the right of indigenous peoples and
communities of African descent, within the
framework of national constitutional order and
legislations and international regulations on
human rights, to preserve and promote their
traditional practices for the conservation and
sustainable use of biological diversity; to
participate in the sustainable use, management
and enjoyment of natural resources found
within their lands or territories; to be
consulted about decisions made concerning the
exploitation of non-renewable natural
resources found within their lands or
territories and on any activity affecting the
environment and their life styles; to share,
whenever possible, the benefits derived from
activities related to the management of
natural resources within their lands and
territories; to get equitable compensation for
any damages sustained as a result of such
activities; to be consulted and to participate
in the drafting, application and evaluation of
development plans concerning them; and to
formulate their own sustainable development
plans and take steps to obtain from the States
resources for their funding and international
assistance.
Article 40. They undertake
to adopt the International Declaration on the
Rights of Indigenous Peoples currently being
drafted within the framework of the United
Nations, and the Inter-American Declaration on
the Rights of Indigenous Peoples, currently
being drafted by the OAS, and express their
support to the work of the Permanent Forum on
Indigenous Issues of the United Nations
Economic and Social Council.
Article 41. Recalling that
the World Conference against Racism, Racial
Discrimination, Xenophobia and Related
Intolerance (Durban, South Africa, 2001)
pointed out that indigenous peoples and
communities of African descent have been the
victims of discrimination, slavery and poverty,
they express their commitment to design,
promote and execute at the national, regional
and international levels, strategies, programs
and policies to promote an equitable social
development and the full exercise of their
human rights.
SECTION IX
RIGHTS OF GROUPS OBJECT
OF SPECIAL PROTECTION
A. RIGHTS OF WOMEN
Article 42. They reiterate
their commitment to fulfill and enforce
fulfillment of the rights and obligations set
forth in the International Convention on the
Elimination of all forms of Discrimination
against Women (1981) and its Optional Protocol
(1999), the Convention on the Political Rights
of Women (1954) and other international and
regional instruments on the subject.
Article 43. They shall
address the following main themes with a view
to improving the promotion and protection of
the human rights of women in their respective
jurisdictions and in the Andean sphere:
1. Protection of women
against discrimination - in the public and
private spheres - with a view to safeguarding
their human rights and in particular their
right to life, integrity and personal safety,
personal freedom, political participation,
work, health and the exercise of sexual and
reproductive rights, social security, adequate
housing, education, ownership and
participation in the economic life of society,
and the access to effective legal and
administrative remedies for violation of their
rights.
2. Adoption of programs to
actively promote the participation of women in
the public and private spheres of society, and
the incorporation of the gender perspective in
public policies and the promotion of this
perspective in the private sector.
3. Actions to eradicate all
forms of violence against women; to fight
against impunity of those that commit it, in
the public and private spheres; and to develop
mechanisms to offer an effective compensation
to the victims of gender-related violence.
4. Protection against
sexual harassment and all forms of sexual and
labor exploitation; slavery, trafficking of
women and girls - particularly for sexual
exploitation purposes -; and the incitement
and forcing to engage in prostitution, forced
pregnancies and sterilization.
5. Actions against all
forms of discrimination against women in
connection with marriage, consensual unions
and family relations, especially with regard
to the rights of women during marriage,
consensual unions and after their dissolution,
and with respect to housework, child rearing,
the exercise of sexual and reproductive rights
and the community property system.
B. RIGHTS OF CHILDREN
AND ADOLESCENTS
Article 44. They reiterate
their commitment to fulfill and enforce
fulfillment of the rights and obligations set
forth in the International Convention on the
Rights of the Child (1989), its optional
Protocols on the involvement of children in
armed conflict (2000) and the sale of children,
child prostitution and child pornography
(2000), and other international instruments
agreed to promote and protect the human rights
of children and adolescents.
Article 45. They shall
address the following main themes with a view
to improving the promotion and protection of
the human rights of children and adolescents
in their respective jurisdictions and in the
Andean sphere:
1. Attainment of equality
of the rights of children and adolescents with
respect to other members of society, in
accordance with pertinent legislation, and the
fight against all forms of discrimination
against children on account of race, color,
sex, language, religion, political opinion,
nationality, age, economic and social
condition, their immigration status or that of
their parents, and any other condition.
2. Effective realization of
the higher interest of children set forth in
the Convention on the Rights of the Child, in
the legal and institutional spheres.
3. Protection of the rights
of children and adolescents to an identity and
to keep such identity in confidence in those
cases contemplated by the legislation; to have
a name and a nationality; to have a legal
representative; to know, to the extent
possible, the identity of their parents and to
be taken care of by them; and to be heard on
subjects that concern them.
4. Protection of the
fundamental rights of children and adolescents
deprived of liberty, in accordance with
national and international regulations on the
subject.
5. Protection against
slavery, trafficking, illicit moving and
holding of children and adolescents abroad;
and against the illegal or arbitrary
deprivation of their liberty.
6. Eradication of child
work following the elimination of all forms of
labor exploitation based on the agreements of
the International Labour Organization and
applicable national legislations.
7. Protection against all
forms of exploitation, sexual abuse and
violence, including domestic violence, to
which children may be subject, and
implementation of the provisions of the
optional Protocol to the Convention on the
Rights of the Child related to the sale of
children, child prostitution and child
pornography (2000).
8. Combating impunity of
those who affect the rights of children, in
public and private spheres; and the
development of programs to offer effective
compensation to the victims of exploitation
and violence.
9. Prevention of, and
punishment of those responsible for, the
recruiting and involvement of children and
adolescents in any armed conflict; respect for
the minimum recruiting age of 18 years
pursuant to the provisions of the optional
Protocol to the Convention on the Rights of
the Child related to the involvement of
children in armed conflict (2000).
10. Adoption of a
comprehensive social protection system aiming
at addressing the economic, social and
cultural rights of children and adolescents,
the design and execution of which shall
include the participation of civil society
organizations involved in the promotion and
protection of the rights of children.
11. The right of
adolescents to receive adequate education and
information for a responsible sexuality.
C. RIGHTS OF OLDER
ADULTS
Article 46. They reiterate
their commitment to fulfill and enforce
fulfillment of the rights and obligations
designed to promote and protect the human
rights of older adults.
Article 47. They shall
address the following main themes with a view
to improving the promotion and protection of
the human rights of older adults in their
respective jurisdictions and in the Andean
sphere:
1. Protection of older
adults against all forms of discrimination and
violence, including domestic violence.
2. Facilitation of
opportune attention to older adults in public
and private entities and services.
3. Participation of older
adults and their organizations in decision-making
on public issues concerning them.
4. Effective protection of
the right of older adults to social security,
particularly in connection with the rights and
guarantees related to retirement.
5. Promotion of the
participation and integration of older adults
in society.
D. RIGHTS OF PERSONS
WITH DISABILITIES
Article 48. They reiterate
their commitment to fulfill and enforce
fulfillment of the rights and obligations set
forth in the United Nations Declaration on the
Rights of Disabled Persons (1975); in
international instruments designed to promote
and protect the human rights of persons with
disabilities, such as the Inter-American
Convention in favor of Persons with
Disabilities (1999); and in other declarations,
resolutions and agreements on social
protection adopted within the framework of the
United Nations, the International Labour
Organization, the World Health Organization
and the Pan American Health Organization.
Article 49. They shall
address the following main themes with a view
to improving the promotion and protection of
the human rights of persons with disabilities
in their respective jurisdictions and in the
Andean sphere:
1. Protection against all
forms of discrimination and violence against
persons with disabilities.
2. Prevention of causes
originating disabilities, through education,
safety in the workplace and public information.
3. Realization of the right
to social security and health of persons with
disabilities.
4. Fostering of personal
development through programs that address the
particular needs of persons with disabilities.
5. Social integration of
persons with disabilities through work,
education and full participation in their
respective national communities.
6. Facilitation of early
assistance, medical treatment, rehabilitation,
education, professional training and personal
attention of persons with disabilities, with a
view to their insertion in the working world
under dignified and equitable conditions with
respect to the rest of workers.
7. Information to the
population on the rights of persons with
disabilities in order to eliminate prejudice,
stereotypes and discrimination, to which they
are susceptible.
8. Drafting of
architectural design programs in urban, rural
and remote areas to enable better mobility and
use of public spaces by disabled persons.
E. RIGHTS OF MIGRANTS
AND THEIR FAMILIES
Article 50. They reiterate
their commitment to fulfill and enforce
fulfillment of the rights and obligations set
forth in international instruments designed to
promote and protect the human rights of
migrants and their families; and affirm their
intention to continue their efforts so that
their national legislations enable the
adoption of the International Convention on
the Protection of the Rights of All Migrant
Workers and Members of their Families (1990),
and shall give priority to examining the
possibility of signing, ratifying or accessing
to it.
Article 51. They shall
address the following main themes with a view
to improving the promotion and protection of
the human rights of migrants and their
families in their respective jurisdictions and
in the Andean sphere:
1. Respect for the right to
migrate, to work, to free transit and
circulation of migrants and their families,
and the freedom to choose a residence, in
accordance with national legislations and
Community regulations.
2. Prevention and
elimination of discrimination against Andean
migrants and their families in access to
public education and health services, housing
and lodging, social security and employment;
and creation of information and assistance
centers for migrants.
3. Provision of identity
papers to migrants and their families, without
discrimination on account of race, color, sex,
age, language, religion, nationality,
political opinion, sexual orientation and
immigration status.
4. Reunification of
migrants and their families in the country of
destination and regularization of their
immigration status through the corresponding
legal and administrative means.
5. Protection of the family
members of migrants, especially children,
adolescents and older adults, who continue
living in their countries of origin and have
become separated from their family members as
a result of the migration.
6. Joint action of Andean
Community countries to promote and protect the
rights of migrants and their families before
other countries and groups of countries, as
well as in international and regional forums.
F. RIGHTS OF PEOPLE WITH
DIFFERENT SEXUAL ORIENTATION
Article 52. They recognize
that all persons, regardless of their sexual
orientation or preference, have equal human
rights.
Article 53. They shall
combat all forms of discrimination against
individuals on account of their sexual
orientation or preference, in accordance with
national legislations, and to this end, shall
pay special attention to the prevention and
punishment of violence and discrimination
against persons with different sexual
orientation or preference, and to guarantee
legal remedies for effective compensation for
damages derived from such offenses.
G. RIGHTS OF INTERNALLY
DISPLACED PERSONS
Article 54. They reiterate
their commitment to fulfill and enforce
fulfillment of relevant norms set forth in
human rights instruments, International
Humanitarian Law and International Law on
Refugees designed to protect persons that are
forced or compelled to leave their homes or
their habitual place of residence, in
particular to avoid the effects of armed
conflict, situations of generalized violence,
mass violations of human rights or natural or
man-induced catastrophes, and who have not
crossed over an internationally recognized
state border.
Article 55. With a view to
protecting the human rights of internally
displaced persons in their respective
jurisdictions and in the Andean sphere, they
shall address the following priorities:
1. They shall monitor the
application by public authorities of the
United Nations “Guiding Principles on Internal
Displacement” (1998), and promote their
incorporation into the legislation of each
country.
2. They shall guarantee the
equality of rights between internally
displaced persons and the rest of their
countries’ population, and investigate, try
and punish those that violate the rights and
fundamental freedoms of displaced persons.
3. They shall provide
protection and humanitarian aid to internally
displaced persons and/or facilitate the
delivery of humanitarian aid by international
or non-governmental organizations, in
accordance with applicable international and
national regulations.
4. They shall endeavor to
establish the conditions and provide the means
for the voluntary return of internally
displaced persons, in safety and dignity, to
their habitual place of residence, or their
voluntary resettlement in other parts of the
country.
H. RIGHTS OF PERSONS
DEPRIVED OF LIBERTY
Article 56. They reiterate
their commitment to fulfill and enforce
fulfillment of the rights and obligations set
forth in international instruments with
respect to persons deprived of liberty.
Article 57. They shall
address the following main themes, with a view
to safeguarding the human rights of persons
deprived of their liberty:
1. Implementation of
programs designed to significantly improve
living conditions in detention and
penitentiary centers in each Member State, so
that they conform to United Nations principles
and regulations applicable to persons subject
to any form of imprisonment or detention, in
particular with regard to physical separation
between indicted and convicted prisoners.
2. Adoption of measures
aimed at avoiding violations of the human
rights of detainees, inter alia,
education and training of penitentiary
personnel on the subject, and investigation,
trial and punishment of those that commit such
violations.
3. Creation of programs on
rehabilitation and social reinsertion of
persons deprived of their liberty, attached to
penitentiary centers, and consideration of
establishing in their legislations sentences
alternative to confinement, such as the
provision of community work and services.
4. Application of the
principle of procedural celerity as a priority
in the administration of justice, and trial
and sentencing respecting the terms
established in national legislations.
I. HUMAN RIGHTS AND THE
RIGHTS OF REFUGEES AND STATELESS PERSONS
Article 58. They reiterate
their commitment to fulfill and enforce
fulfillment of the rights and obligations set
forth in international instruments designed to
promote and protect the rights of refugees and
stateless persons, to which Andean Community
Member States are a Party, in accordance with
national legislations.
Article 59. . They shall
address the following main themes, with a view
to improving the promotion and protection of
the human rights of refugees and stateless
persons:
1. Protection of refugees
and stateless persons against all forms of
discrimination and violence on account of
their race, color, sex, language, religion,
political opinion, nationality, sexual
orientation, immigration status, age or any
other condition.
2. Access to education,
social and health services, housing and work,
and the right to free circulation, freedom of
expression and religion and to the provision
of proper documentation without any
distinction whatsoever in the receiving
country.
3. Effective enjoyment of
their rights, in accordance with national
legislations, in particular the right to life,
security, ownership, to rely on effective
remedies in front of the violation of their
rights, respect of the standards of due
process before the courts of the receiving
country, to not being expelled - save in
accordance with the law, but never to the
country where their lives, security or liberty
are threatened.
SECTION X
OTHER SPHERES OF
PROTECTION OF HUMAN RIGHTS
Article 60. They recognize
that the development of International Law on
Human Rights leads to the consideration of
other subjects related to the promotion and
protection of such rights, and that Andean
Community Member States should encourage this
legal dynamic in the national and
international spheres and work jointly to
advance the regulatory development of human
rights.
SECTION XI
HUMAN RIGHTS AND
INTERNATIONAL HUMANITARIAN LAW
Article 61. They reaffirm
their strong support for the rules of
International Humanitarian Law set forth,
inter alia, in the Geneva Conventions of
1949 and their 1977 Additional Protocols;
reiterate their belief that these are the
applicable international instruments to ensure
a better protection of victims of
international and non-international armed
conflicts, and particularly of the civil
population. They urge the parties in
international and non-international armed
conflicts to abide by the applicable rules of
international humanitarian law.
Article 62. Within the
context of legal development of International
Law on Human Rights, they recognize the
importance of its connection with
International Humanitarian Law, in that the
latter may be an instrument for its
interpretation; and endorse the rules set
forth in international conventions on these
matters.
SECTION XII
HUMAN RIGHTS PROMOTION
AND PROTECTION MECHANISMS
Article 63. They declare
that the Andean Charter for the Promotion and
Protection of Human Rights is the first
comprehensive manifestation of the Andean
Community on the subject of human rights in
the Community sphere, and that it complements
national, international and universal
regulations thereon. Any program prepared
within the framework of the provisions set
forth in the Charter shall be coordinated with
national activities, or those performed
through international cooperation by Member
States in the Andean region.
NATIONAL MECHANISMS
A. ADMINISTRATION OF
JUSTICE<
