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CHAPTER
I LEGAL
ORIGIN AND BASES OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS A.
Legal Origin and Bases of
the Inter-American Commission on
Human Rights
The Inter-American Commission on Human Rights was established by
Resolution VI of the Fifth Meeting of Consultation of Ministers of
Foreign Affairs (Santiago, Chile, 1959), Part II of which provided that
the Commission would be composed of seven members chosen, in a personal
capacity, from a list of candidates proposed by the governments… and
would have the responsibility to “promote respect for such rights.”
The then Council of the Organization approved the Statute of the
Inter-American Commission on Human Rights on May 25, 1960. In conformity
with it (Article 2) the Commission was established as an autonomous
entity of the Organization of American States, and human rights were
understood to be those set forth in the American Declaration of the
Rights and Duties of Man (Bogotá, 1948).
In further conformity with that statute, the Council elected the
members of the Commission on June 29, 1960. It is worth pointing out
that the members of the Commission represent all the member countries of
the OAS and act in its name.
The Commission’s first regular session was held in Washington,
D.C., between October 3 and 28, 1960. Since then the Commission has held
seventy (70) regular sessions, some at its headquarters in the General
Secretariat and some in different member states.
The Second Special Inter-American Conference (Rio de Janeiro,
1965) amended the Statute of the Commission, expanding and strengthening
it so that it could effectively perform its functions, and further
recognizing (Resolution XXII) that the Commission had “performed
valuable service in carrying out its mandate.” The 1960 Statute was
amended as follows: i) It authorized it to pay “particular
attention” to the observance of rights referred to in Articles I, II,
III, IV, XVIII, XXV and XXVI of the American Declaration of the Rights
and Duties of Man; ii) It authorized it to examine communications
submitted to it and any other available information, to address the
government of any member state “for information deemed pertinent…,
and to make recommendations to it…, in order to bring about more
effective observance of fundamental human rights,” and, iii) It
requested it to submit an annual report to the then Inter-American
Conference or the Meeting of Consultation of Ministers of Foreign
Affairs, so that the progress achieved and the protection of human
rights could be examined at the ministerial level. In exercising the
functions set forth in its mandate, the Commission should first
ascertain whether the domestic legal procedures and remedies of a member
state have been duly pursued and exhausted.
Subsequently, during the Third Special Inter-American Conference
(Buenos Aires, 1967), the Protocol of Amendments to the OAS Charter was
signed. Among the amendments there were several important provisions
referring to the Commission, in particular, and to human rights, in
general, and establishing in this way a quasi-conventional structure. On
the one hand, the Commission became one of the bodies through which the
Organization accomplishes its purposes (Article 51 e. of the Charter),
and on the other hand, it instructed the Commission to keep vigilance
over the observance of human rights until the American Convention on
Human Rights entered into force (Article 150, transitory).
On November 11, 1969, the Inter-American Specialized Conference
on Human Rights, convoked by the OAS’ Council (San José, Costa Rica)
approved the American Convention on Human Rights which entered into
force on July 18, 1978, when Grenada deposited the eleventh instrument
of ratification.1
At its eleventh regular session, the OAS General Assembly (La
Paz, Bolivia, 1979) approved the new Statute of the Commission, and at
its tenth regular session (Washington, D.C., 1980) it amended Articles 6
and 8. Article 1 of the Statute defines the Commission as an organ of
the OAS “created to promote the observance and defense of human rights
and to serve as a consultative organ of the Organization in these
matters”, “human rights” to be understood as those defined in the
American Convention on Human Rights, for the States Parties to the
Convention, and those contained in the American Declaration of Rights
and Duties of Man, for the other member states. As in the previous
Statute, the Commission was to be composed of seven members who
represent all the member states of the OAS (Article 2). According to
Article 3, members of the Commission shall be elected for a term of four
(4) years by the General Assembly, and may be re-elected only one
(Article 6).
According to the Statute, the Commission has functions and duties
to discharge with respect to all the member states of the OAS (Article
18); with respect to the States Parties to the American Convention
(Article 19); and with respect to those member states of the OAS that
are not Parties to the American Convention (Article 20).2 B.
Relations Between the IACHR
and the Inter-American
Court of Human Rights
During the period covered by this report, the Commission has
continued its cooperative relations with the Inter-American Court of
Human Rights, as set forth in Chapter II of this report, particularly in
reference to the hearings related to the advisory and litigious
jurisdiction of the Court over matters submitted by the Commission.
On September, 1986, and before the 68th regular
session, a working meeting was held in Atlanta, Georgia, of members of
the Commission and the President of the Court, Dr. Thomas Buergenthal,
in order to study ways of increasing cooperation between these two
organs, and, in particular, between the Commission and the Institute of
Human Rights which, headquartered in Costa Rica, operates under the
authority of the Court.
On March, 1987, during the 69th regular session of the
Commission, the President and Vice-President of the Court, Drs. Thomas
Buergenthal and Rafael Nieto Navia respectively, were received by the
Commission as they addressed matters of interest to both organs on the
protection of human rights within the inter-American system. C.
Relations with Other
Specialized Organizations of the OAS
Between 1986 and 1987, the Commission continued its cooperative
relations with those Specialized Organizations of the OAS related to the
human rights field, such as the Inter-American Commission of Women
(CIM), the Inter-American Children’s Institute and the Inter-American
Indian Institute, exchanging publications and working documents that,
due to their nature, might be of common interest. D.
Relations with Similar
Organizations
During the period covered by this report, the Commission also
continued its cooperative relations with the United Nation’s organs in
charge of the promotion and defense of human rights, such as the Human
Rights Commission, the Human Rights Committee provided for in the
Optional Protocol to the International Covenant on Civil and Political
Rights and, in particular, with the Working Group on Forced
Disappearances, in order to clarify some cases of the same nature
reported to the Commission.
With respect to the organs of the Council of Europe, such as the
European Commission and the European Court of Human Rights, the
Commission continues to exchange publications and documents which are
very useful for the promotion of human rights beyond the limits of our
Continent. [ Table of Contents | Previous | Next ] 1
The State Parties are: Argentina, Barbados, Bolivia,
Colombia, Costa Rica, Dominican Republic, El Salvador, Grenada,
Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama,
Peru, Uruguay and Venezuela. Among them, Argentina, Colombia,
Costa Rica, Ecuador, Jamaica, Peru, Uruguay
and Venezuela have recognized the Commission’s jurisdiction
to consider inter-State complaints in conformity with Article 45 of
the American Convention. Argentina, Colombia, Costa
Rica, Ecuador, Guatemala, Honduras, Peru,
Uruguay and Venezuela have also recognized the
jurisdiction of the Inter.-American Court of Human Rights, in
conformity with Article 62 of the Convention. OEA/Ser.A//16, Nº 36,
Treaty Series. 2
For more information see “Handbook of Existing Rules
Pertaining to Human Rights in the Inter-American System”
(OAS/Ser.L/V/II.65, doc. 6, July 1st 1985). |