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Press Release N° 117A/11 PRESS RELEASE N° 117A/11 ANNEX TO PRESS RELEASE 117/11 ON THE 143RD REGULAR SESSION OF THE IACHR Washington, D.C., November 4, 2011—The Inter-American Commission on Human Rights (IACHR) held its 143rd regular session from October 19 to November 4, 2011. The IACHR is composed of Dinah Shelton, Chair; José de Jesús Orozco Henríquez, First Vice-Chair; Rodrigo Escobar Gil, Second Vice-Chair; and Commissioners Luz Patricia Mejía, María Silvia Guillén, Felipe González, and Paulo Sérgio Pinheiro. The Executive Secretary is Santiago A. Canton. During its 143rd session, the Commission held 46 hearings and 29 working meetings. It also approved reports on individual cases and petitions. This session marked the first time the IACHR Legal Assistance Fund of the Inter- American Human Rights System was used. It defrayed the travel expenses of two alleged victims, who offered testimony in public hearings related to Cases 12.738 and 12.791. Friendly Settlement Processes During the session's working meetings, significant progress was made on several cases being processed by the IACHR. The IACHR expresses its satisfaction over the significant step forward represented by a decision—issued October 21, 2011, by Peru's Office of the Public Prosecutor—to reopen the investigation into the case of María Mamérita Mestanza Chávez, which has to do with the practice of forced sterilizations in that country. On March 27, 1998, María Mamérita Mestanza, a peasant woman who was approximately 33 years old, was coerced into having tubal ligation surgery, which resulted in her death. The State recognized its international responsibility in the case. In the context of following up with the Friendly Settlement Report approved by the IACHR, a working meeting was held in which the State informed the IACHR that its investigations were being reopened. The Commission notes that this decision is a first and important step in the State's compliance with the friendly settlement agreement, given the State's commitment to carry out a thorough investigation of the facts and apply legal sanctions against those who were responsible, including public officials. The IACHR urges the State to conduct this investigation thoroughly and quickly. On another matter, the Commission commends the signing of an agreement between the State of Panama and the petitioners in Case No. 12.522, Rita Irene Wald Jaramillo, during a working meeting held on October 26, 2011, at the IACHR. Rita Irene Wald Jaramillo was the victim of a forced disappearance on March 27, 1997, when she was 17 years old— presumably at the hands of officials of General Omar Torrijos' military regime—in reprisal for her political leadership in the student opposition. The IACHR considers that this agreement constitutes a significant step in the ongoing friendly settlement process before the IACHR, and it appreciates the efforts undertaken by the parties. The IACHR welcomes the Argentine State's willingness—expressed in the hearing on Petition 273/05 – Nam Qom Indigenous Community of the Toba People—to initiate a friendly settlement proceeding. The Commission likewise welcomes the State of Chile's intention, expressed in working meetings, to initiate friendly settlement proceedings in Case 12.143 – Eduardo Perales Martínez and Case 12.676 – Juan Vergara Reyes. Situation of Indigenous Peoples In this session, several hearings were held on the situation of indigenous peoples in the Americas. The Commission reiterates its concern over the consequences of exploiting natural resources and undertaking massive infrastructure projects in indigenous and Afro-descendant territories, which in many cases jeopardizes the survival of these peoples. In this regard, the IACHR urges the States to take steps to overcome the obstacles that keep indigenous and Afro-descendant populations from fully exercising their right to prior, free, and informed consultation regarding decisions that affect their territories. Situation of Human Rights Defenders The Commission received information during the session on the situation of human rights defenders in the region and the obstacles they continue to face in carrying out their work of promoting and protecting human rights. In addition to the threats, acts of harassment, and attacks on their life and safety, the Commission received information about an increase in criminal charges brought against them, with accusations of rebellion, terrorism, sedition, and conspiracy, among others. The Commission was informed in a hearing about the state of particular risk being faced by women human rights defenders in Mesoamerica, in countries such as Mexico, Guatemala, Nicaragua, Honduras, and El Salvador, when compared to other groups of defenders. In addition to the obstacles they face in defending their causes, they are subject to discrimination for their historical role and the gender-related stereotypes attributed to their sex. In terms of obstacles to their work, the Commission received information regarding murders and threats, the criminalization of activities to defend sexual and reproductive rights, the repression of protest demonstrations, socio-cultural barriers, and structural problems in promoting access to justice. In addition, the IACHR received information regarding labor-union freedom in the region, with particular emphasis on the situation of union leaders in several countries. In this regard, the IACHR was told about situations such as the lack of recognition of the right to strike and a prohibition on independent trade unionism in Cuba; limitations some public workers face in exercising union activity in El Salvador; and, in Venezuela, a growing number of murders of union leaders and the criminalization of such leaders. Finally, the IACHR received extremely serious information regarding the lack of effectiveness of protection measures to benefit human rights defenders in the context of precautionary measures ordered by the Commission or provisional measures ordered by the Inter-American Court. Along these lines, the Commission condemns the murder of the Triqui indigenous leader Antonio Jacinto López Martínez, a beneficiary of precautionary measures; he was killed on October 17, 2011, in Tlaxiaco, Oaxaca. The IACHR urges the State of Mexico to carry out an effective investigation into these crimes and punish those responsible, as well as to take corrective action to ensure full implementation in the future of precautionary measures requested by the Commission or provisional measures ordered by the Court. Situation of Women During this session, the IACHR received information on forms of discrimination and violence that continue to affect women in the region. Along these lines, it received information on the magnitude and gravity of the problem of sexual violence in educational institutions and on gaps in access to education for indigenous women, peasant women, women of African descent, and women from rural areas. These gaps keep women from being able to pursue an educational path that is free from discrimination, with an intercultural perspective and under equal conditions, and keep them from fully exercising their economic, social, and cultural rights. The IACHR also received information on the obstacles women of African descent face throughout the hemisphere in being able to fully exercise their civil, political, economic, social, and cultural rights. The petitioners drew attention to intersecting discrimination factors, such as gender, race, ethnicity, and poverty, which expose this segment of women to greater risk of human rights violations; forms of social exclusion and racism they suffer; manifestations of discrimination that affect their access to health-care services, employment, and education; the lack of statistics broken down by sex, race, and ethnicity, which makes their needs invisible on the public agenda; and obstacles in their access to justice. The IACHR reminds the States of the need to recognize diversity and the specific needs of women in adopting laws, public policies, and programs geared toward advancing and guaranteeing their rights. Moreover, the IACHR recalls that States have an obligation to act with due diligence to eliminate all types of discrimination, racism, and social exclusion. In another vein, the IACHR received troubling information about violence against women in the region. Specifically, it received information about sexual violence in Nicaragua; killings of women in Honduras; violence against indigenous women in the United States; alarming forms of violence against women in Colombia; and difficulties in the implementation of precautionary measures. The IACHR notes with concern that these situations tend to be accompanied by impunity and an inadequate response on the part of the States. The IACHR urges the States to diligently continue to carry out efforts through laws, policies, and programs to address all forms of violence against women, in close collaboration with the women affected and their representatives. In addition, the IACHR received information regarding structural obstacles that make it difficult to implement the "Maria da Penha Law" in Brazil, which aims to address domestic violence. The hearing on this issue included the participation of Maria da Penha Maia Fernandes and the petitioning organizations in the case. The State of Brazil reiterated its commitment to the letter and spirit of this law. The IACHR urges the State to continue adopting measures to guarantee its effective implementation at the federal and state level. Situation of the Rights
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