Inter-American Commission on Human Rights
| File:Inter-American Commission on Human Rights logo.svg English logo | |
| Abbreviation | IACHR |
|---|---|
| Formation | 1959 |
| Purpose | Human rights monitoring in the Americas |
| Location |
|
Region served | Americas (ACHR signatories, OAS members) |
| Membership | Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, The Bahamas, Trinidad and Tobago, United States, Uruguay, Venezuela |
Executive Secretary | Mexico Tania Reneaum |
Parent organization | Organization of American States |
| Website | www |
The Inter-American Commission on Human Rights (the IACHR[1] or, in the three other official languages – Spanish, French, and Portuguese – CIDH, Comisión Interamericana de los Derechos Humanos, Commission Interaméricaine des Droits de l'Homme, Comissão Interamericana de Direitos Humanos) is an autonomous organ of the Organization of American States (OAS). The separate Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together the Court and the Commission make up the human rights protection system of the OAS.[2]
Composition
The IACHR is a permanent body, with headquarters in Washington, D.C., United States,[3] and it meets in regular and special sessions several times a year to examine allegations of human rights violations in the hemisphere.[4] Its human rights duties stem from three documents:
- the OAS Charter[5]
- the American Declaration of the Rights and Duties of Man[6]
- the American Convention on Human Rights
Functions
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The main task of the IACHR is to promote the observance and defense of human rights in the Americas.[7] In pursuit of this mandate it:
- Receives, analyzes, and investigates individual petitions alleging violations of specific human rights protected by the American Convention on Human Rights.
- Works to resolve petitions in a collaborative way that is amiable to both parties.
- Monitors the general human rights situation in the OAS's member states and, when necessary, prepares and publishes country-specific human rights reports.
- Conducts on-site visits to examine members' general human rights situation or to investigate specific cases.
- Encourages public awareness about human rights and related issues throughout the hemisphere.
- Holds conferences, seminars, and meetings with governments, NGOs, academic institutions, etc. to inform and raise awareness about issues relating to the inter-American human rights system.
- Issues member states with recommendations that, if adopted, would further the cause of human rights protection.
- Requests that states adopt precautionary measures to prevent serious and irreparable harm to human rights in urgent cases.[8]
- Refers cases to the Inter-American Court of Human Rights, and litigates those same cases before the Court.
- Asks the Inter-American Court to provide advisory opinions on matters relating to the interpretation of the convention or other related instruments.
Rapporteurships and units
The IACHR has created several thematic rapporteurships and two special rapporteurships to monitor OAS states' compliance with inter-American human rights treaties in the following areas:[9]
- Rapporteurship on the Rights of Indigenous Peoples (1990)[10]
- Rapporteurship on the Rights of Women (the first rapporteurship created by the IACHR in 1994)[11]
- Rapporteurship on Migrant Workers and their Families (1996)[12]
- Rapporteurship on the Rights of the Child (1998)[13]
- Rapporteurship on Human Rights Defenders (2001)[14]
- Rapporteurship on the Rights of Persons Deprived of Liberty (2004)[10]
- Rapporteurship on the Rights of Afro-Descendants and against Racial Discrimination (2005)[15]
- Rapporteurship on Memory, Truth, and Justice (2019)
- Rapporteurship on the Rights of Older Persons (2019)
- Rapporteurship on the Rights of Persons with Disabilities, 2019
The Special Rapporteur for Freedom of Expression and the Special Rapporteur for Economic, Social, Cultural, and Environmental Rights are full-time dedicated positions.[9] The former was created in 1997, while the latter was established in 2017, with Soledad García Muñoz of Argentina as the first holder of the office.[16][17] The other rapporteurships are in the hands of the commissioners, who have other functions at the IACHR and also their own jobs in their home countries, since their work as commissioners is unpaid. Rapporteurships are initially established by the commission as thematic units prior to being upgraded to rapporteurships. The IACHR also has a Press and Outreach Office.[18]
Petitions
The Commission processes petitions lodged with it pursuant to its Rules of Procedure. Petitions may be filed by NGOs or individuals. Unlike most court filings, petitions are confidential documents and are not made public. Petitions must meet three requirements; domestic remedies must have already been tried and failed (exhaustion), petitions must be filed within six months of the last action taken in a domestic system (timeliness), petitions can not be before another court (duplication of procedure). Once a petition has been filed, it follows the following procedure:[7]
- Petition is forwarded to the Secretariat and reviewed for completeness; if complete, it is registered and is given a case number. This is where the state is notified of the petition.
- Petition reviewed for admissibility.
- The Commission tries to find a friendly settlement.
- If no settlement is found, then briefs are filed by each side on the merits of the case.
- The Commission then files a report on the merits, known as an Article 50 report from relevant article of the convention. This is a basically a ruling by the commission with recommendations on how to solve the conflict. The Article 50 report is sent to the state. This is a confidential report; the petitioner does not get a full copy of this report.
- The state is given two months to comply with the recommendations of the report.
- The petitioner then has one month to file a petition asking for the issue to be sent to the Inter-American Court (only applicable if the State in question has recognized the competence of the Inter-American Court).
- The commission has three months, from the date the Article 50 report is given to the state, to either publish the Article 50 report or send the case to the Inter-American Court of Human Rights. Alternatively, the commission can also choose to monitor the situation. The American Convention establishes that if the report is not submitted to the Court within three months it may not be submitted in the future, but if the State asks for more time in order to comply with the recommendations of the Article 50 report, the Commission might grant it on the condition that the State signs a waiver on this requirement.
Composition
The IACHR's ranking officers are its seven commissioners. The commissioners are elected by the OAS General Assembly, for four-year terms, with the possibility of re-election on one occasion, for a maximum period in office of eight years. They serve in a personal capacity and are not considered to represent their countries of origin but rather "all the member countries of the Organization" (Art. 35 of the convention). The convention (Art. 34) says that they must "be persons of high moral character and recognized competence in the field of human rights". No two nationals of the same member state may be commissioners simultaneously (Art. 37), and commissioners are required to refrain from participating in the discussion of cases involving their home countries.
Current commissioners (2024)
| Name | State | Position | Elected | Term |
|---|---|---|---|---|
| Roberta Clarke | File:Flag of Barbados.svg Barbados | President | 2015 | 2022–2025 |
| Carlos Bernal Pulido | File:Flag of Colombia.svg Colombia | First Vice-President | 2021 | 2022–2025 |
| José Luis Caballero Ochoa | File:Flag of Mexico.svg Mexico | Second Vice-President | 2023 | 2023–2025 |
| Edgar Stuardo Ralón Orellana | File:Flag of Guatemala.svg Guatemala | Commissioner | 2020 | 2024–2027 |
| Arif Bulkan | File:Flag of Guyana.svg Guyana | Commissioner | 2024 | 2024–2027 |
| Andrea Pochak | File:Flag of Argentina.svg Argentina | Commissioner | 2024 | 2024–2027 |
| Gloria Monique de Mees | File:Flag of Suriname.svg Suriname | Commissioner | 2024 | 2024–2027 |
Source of IACHR Composition.[19]
Past commissioners
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Executive Secretaries
The staff of the IACHR comprise its Secretariat, which is led by an Executive Secretary, who serves for what have recently been four-year, renewable contracts. In August 2020, OAS Secretary General Luis Almagro announced that he would not renew Paulo Abrão's contract as Executive Secretary of the IACHR, citing 61 personnel complaints by staff of the organization.[20] The Commissioners of the IACHR had unanimously approved the contract extension in January 2020,[20] and expressed their "profound rejection" of Almagro's action "whose refusal to renew this contract breaks with a 20-year practice of respecting the IACHR's decision to appoint its own Executive Secretary and thus makes it difficult to obtain truth, justice, and reparation for those whose labor rights have been affected." UN High Commissioner for Human Rights Michelle Bachelet, Human Rights Watch, and the Mexican government have also objected to Abrão's removal.[21][22] Tania Reneaum, a Mexican, was appointed as the new Executive Secretary in 2021.[23]
| Name | Country | Term | Notes |
|---|---|---|---|
| Luis Reque | Bolivia Bolivia | 1960 – June 1976 | |
| Charles D. Moyer | United States United States | January – August 1977 | Interim Executive Secretary. |
| Edmundo Vargas Carreño | Chile Chile | September 1977 – March 1990 | |
| David J. Padilla | United States United States | March – June 1990 | Interim Executive Secretary. |
| Edith Márquez Rodríguez | Venezuela Venezuela | May 1990 – February 1996 | |
| David J. Padilla | United States United States | January – May 1996 | Interim Executive Secretary. |
| Jorge Enrique Taiana | Argentina Argentina | March 1996 – July 2001 | |
| Santiago Cantón | Argentina Argentina | August 2001 – June 2012 | |
| Emilio Álvarez Icaza | Mexico Mexico | August 2012 – August 2016 | |
| Paulo Abrão | Brazil Brazil | August 2016 – August 2020 | |
| María Claudia Pulido | Colombia Colombia | 17 August 2020 – June 2021 | Acting Executive Secretary. |
| Tania Reneaum Panszi[24] | Mexico Mexico | June 2021 – present | |
| Source: OAS, Former IACHR Executive Secretaries. | |||
References
- ↑ "Inter-American Commission on Human Rights Individual Petition System Portal". OAS. August 2009. Retrieved 30 August 2020.
- ↑ Bogdandy, Armin von; Piovesan, Flávia; Ferrer Mac-Gregor, Eduardo; Morales Antoniazzi, Mariela, eds. (2024). The Impact of the Inter-American Human Rights System: Transformations on the Ground. Oxford University Press.
- ↑ Hansel, Mary (8 August 2022). "There's a Way to Appeal Dobbs. It's Worth Trying". Slate. Available from NewsBank: America's News – Historical and Current. Archived from the original on 9 August 2022.
- ↑ OAS (1 August 2009). "OAS – Organization of American States: Democracy for peace, security, and development". OAS. Retrieved 17 September 2020.
- ↑ OAS
- ↑ Morsink, Johannes (1999). The Universal Declaration of Human Rights: Origins, Drafting, and Intent. Philadelphia: University of Pennsylvania Press. p. 131. ISBN 0-8122-3474-X.
- ↑ 7.0 7.1 "INTRODUCTION" (PDF). Retrieved 14 October 2020.
- ↑ "Precautionary Measures". Organization of American States. June 2012. Archived from the original on 5 August 2012. Retrieved 20 August 2012.
- ↑ 9.0 9.1 "Rapporteurship Distribution". OAS. 1 August 2009. Retrieved 28 September 2019.
- ↑ 10.0 10.1 Rapporteurship on the Rights of Indigenous Peoples
- ↑ Rapporteurship on the Rights of Women
- ↑ Rapporteurship on Migrant Workers and their Families
- ↑ Rapporteurship on the Rights of the Child
- ↑ Rapporteurship on Human Rights Defenders
- ↑ Rapporteurship on the Rights of Afro-Descendants and against Racial Discrimination
- ↑ "Soledad García Muñoz es la primera Relatora Especial sobre Derechos Económicos, Sociales, Culturales y Ambientales (DESCA) – Codehupy". www.codehupy.org.py. Retrieved 6 April 2023.
- ↑ "Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights". IACHR. Retrieved 2 September 2023.
- ↑ "Contact the IACHR Press Office". OAS. Archived from the original on 6 October 2019. Retrieved 28 September 2019.
- ↑ OAS (1 August 2009). "OAS – Organization of American States: Democracy for peace, security, and development". OAS. Retrieved 19 December 2021.
- ↑ 20.0 20.1 "OAS chief Almagro under fire for removal of top rights official". Buenos Aires Times. Retrieved 27 September 2020.
- ↑ "Luis Almagro reafirma que no renovará a Paulo Abrao en la CIDH". El Espectador. Bogotá, Colombia. 28 August 2020. Retrieved 27 September 2020.
- ↑ "OAS Leader Undermining Rights Body". Human Rights Watch. 27 August 2020. Retrieved 27 September 2020.
- ↑ "Tania Reneaum Panszi Takes Office as IACHR's New Executive Secretary". Inter-American Commission on Human Rights (IACHR). Retrieved 30 March 2024.
- ↑ Padilha, Saulo (27 January 2023). ""We will continue to make progress in strengthening the Commission and in our mission to secure and protect human rights in the region"". Sur - International Journal on Human Rights. Retrieved 29 March 2024.
