Inter-American Commission on Human Rights

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The Inter-American Commission for Human Rights (IAKMR), Spanish: Comisión Interamericana de Derechos Humanos (CIDH), is an independent organ of the Organization of American States (OAS) founded in 1959 and based in Washington, DC

Together with the Inter-American Court of Human Rights , it forms the system for the protection of human rights of the OAS.

It meets several times a year for ordinary and extraordinary meetings. Its tasks stem from three documents: the OAS charter , the American declaration of human rights and obligations, and the American human rights convention . In addition, ombudsman or observer mandates for the IAKMR are or were set out in several bilateral agreements.

History of the Inter-American Legal System

The commission grew out of the adoption of the American Declaration of Human Rights and Obligations in April 1948. It was the first general instrument of human rights and preceded the Universal Declaration of Human Rights 6 months.

The commission was established in 1959 and held its first meeting the following year. The first on-site visit to investigate the human rights situation in one of the OAS member states took place in 1961 in the Dominican Republic .

An important step in the development of the system was taken in 1965 when the commission was specifically authorized to investigate specific cases of human rights violations. Since then, the IAKMR has received thousands of petitions and processed over 12,000 individual cases.

In 1969, the guidelines of the American Convention on Human Rights were reformed and incorporated into the American Convention on Human Rights. This convention, which is currently binding for 24 of the 35 OAS member states, defines the human rights that the member states must respect and guarantee. It also decided to found the Inter-American Court of Human Rights in San José (Costa Rica) .

Functions

The main role of the commission is to promote the respect and defense of human rights in America . To

  • receives, analyzes and investigates individual petitions alleging violations of specific human rights protected by the American Convention on Human Rights.
  • observes the general situation of human rights in the OAS member states and - if necessary - prepares and publishes country-specific human rights reports.
  • conducts on-site visits to member states to examine the general human rights situation or specific cases.
  • Encourages public awareness of human rights and related issues across the hemisphere.
  • Holds conferences, seminars, and meetings with governments, non-governmental organizations , academic institutions, etc. to provide information and attention on matters related to the Inter-American Legal System.
  • Issues recommendations to member states that, if implemented, strengthen human rights.
  • calls in urgent cases that states take preventive measures to prevent serious and irreparable damage to human rights.
  • directs cases to the Inter-American Court of Human Rights and litigates them there.
  • invites the Inter-American Court of Justice to provide advisory opinions on the interpretation of the Convention or related instruments.

composition

The highest functionaries are the seven commissioners who are elected by the general assembly of the OAS for 4 years (with the possibility of being re-elected once). These should not represent their respective state, but “all member states” and must be “persons with high morals and recognized competence in the field of human rights”.

No state may have two of its citizens on the commission at the same time, and they in turn may not be involved in cases involving their home state.

Negotiated cases

  • Barrios Altos massacre (Peru)
  • Lori Berenson (Peru)
  • The Last Temptation of Christ (Chile)
  • Community of Moiwana (Suriname)
  • Myrna Mack Chang (Guatemala)
  • Plan of the Sánchez massacre (Guatemala)
  • El Caracazo (Venezuela)
  • La Nación (Costa Rica)

Web links

Footnotes

  1. Article 35 of the Convention
  2. Article 34 of the Convention
  3. Article 37 of the Convention