Informe del secretario general sobre


AG/RES. 2823 (XLIV-O/14) ADOPTION OF THE FOLLOW-UP MECHANISM FOR IMPLEMENTATION OF THE PROTOCOL OF SAN SALVADOR



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AG/RES. 2823 (XLIV-O/14)

ADOPTION OF THE FOLLOW-UP MECHANISM FOR IMPLEMENTATION


OF THE PROTOCOL OF SAN SALVADOR

(Adopted at the second plenary session, held on June 4, 2014)

THE GENERAL ASSEMBLY,
BEARING IN MIND the “Annual Report of the Permanent Council to the General Assembly 2013-2014” (AG/doc.5470/14 add. 1), as well as resolutions AG/RES. 2074 (XXXV-O/05), AG/RES. 2178 (XXXVI-O/06), AG/RES. 2262 (XXXVII-O/07), AG/RES. 2430 (XXXVIII-O/08), AG/RES. 2506 (XXXIX-O/09), AG/RES. 2582 (XL-O/10), AG/RES. 2666 (XLI-O/11), AG/RES. 2713 (XLII-O/12), AG/RES. 2798 (XLIII-O/13), and CP/RES. 1022 (1951/13);
UNDERSCORING the entry into force in November 1999 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, (Protocol of San Salvador) and that 16 member states of the Organization of American States (OAS) have ratified said legal instrument;
UNDERSCORING ALSO that Article 19 of the Protocol of San Salvador establishes that the States Parties undertake to submit, pursuant to that article and the corresponding rules to be formulated for that purpose by the General Assembly, periodic reports on the progressive measures they have taken to ensure due respect for the rights set forth in the Protocol; and that the corresponding rules were established by resolution AG/RES. 2074 (XXXV-O/05) and recently updated by resolution AG/RES. 2713 (XLII-O/12);
CONSIDERING that, by resolution AG/RES. 2713 (XLII-O/12), the General Assembly adopted the document “Progress Indicators for the Measurement of the Rights Considered in the Protocol of San Salvador” (GT/PSS/doc.2/11 rev. 2), prepared by the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador in relation to the first group of rights (rights to social security, health, and education), on the understanding that these are guidelines and criteria for the states parties, which will be able to adapt them to the sources of information available to them in order to comply with the provisions of the Protocol;
CONSIDERING ALSO that, subsequently, the Permanent Council, pursuant to resolution AG/RES. 2798 (XLIII-O/13), adopted resolution CP/RES. 1022 (1951/13), approving the document “Progress Indicators for Measuring Rights under the Protocol of San Salvador – Second Group of Rights” (GT/PSS/doc.9/13) corresponding to the right to work and trade union rights, the right to a healthy environment, the right to food, and the right to the benefits of culture;, through resolution CP/RES. 1022 (1951/13);
BEARING IN MIND that the Working Group has its full complement of regular members and has been operative, therefore, since June 2010, and that it has been complete since April 2014, given the appointment of all its alternate members, with the inclusion of Laura Elisa Pérez Gómez, a Mexican citizen; and

REITERATING that none of the provisions of this resolution shall pertain to those member states that are not parties to the Protocol of San Salvador,


RESOLVES:


  1. To adopt the progress indicators for measuring the second group of rights under the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights (Protocol of San Salvador) (right to work and trade union rights, right to a healthy environment, right to food, and right to the benefits of culture), on the understanding that these are guidelines and criteria for the States Parties, which will be able to adapt them to the sources of information available to them in order to comply with the provisions of the Protocol, and to express its appreciation to the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador for preparing and presenting them for consideration by the General Assembly.




  1. To celebrate the fact that the Follow-up Mechanism for Implementation of the Protocol of San Salvador is complete and operative, following the adoption of all the progress indicators for measuring rights.




  1. To remind the States Parties to the Protocol of San Salvador that they should submit national progress reports corresponding to the first group of rights included in the document “Progress Indicators for the Measurement of the Rights Considered in the Protocol of San Salvador,” which refers to the rights to education, social security, and health, before June 30, 2014.




  1. To request the States Parties to the Protocol of San Salvador to submit national progress reports on the second group of rights, corresponding to the right to work and trade union rights, the right to a healthy environment, the right to food, and the right to the benefits of culture, within a period of two years from the adoption of this resolution – before June 30, 2016.




  1. To take note of the appointment by the Secretary General, in April 2014, of the alternate independent expert of the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador, pursuant to the mandate contained in resolution AG/RES. 2798 (XLIII-O/13), thus leaving the Working Group fully constituted in accordance with the rules governing its operations.




  1. To request the Technical Secretariat of the aforementioned working group to review all existing regulations concerning the composition, designation, and rotation of the members of the Working Group and the length of their terms of office and, as necessary, to submit to the General Assembly any adjustments and clarifications required to ensure the group’s smooth operation in its review of the periodic reports of the States Parties.




  1. To urge member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador).




  1. To renew the invitation to contribute to the Specific Fund for the Working Group to Examine the Periodic Reports of the States Parties to the Protocol of San Salvador to all the States Parties to the Protocol of San Salvador, the member states and permanent observers, as well as national or international, public or private persons or entities, as defined in Article 74 of the General Standards to Govern the Operations of the General Secretariat and other provisions and regulations of the Organization of American States.




  1. To request that the Permanent Council report to the General Assembly at its forty-fifth regular session on the implementation of this resolution. Execution of the activities envisaged in this resolution will be subject to the availability of financial resources in the program-budget of the Organization and other resources.

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