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Inter-American Commission on Human Rights IACHR. What is the IACHR?

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Presentation on theme: "Inter-American Commission on Human Rights IACHR. What is the IACHR?"— Presentation transcript:

1 Inter-American Commission on Human Rights IACHR

2 What is the IACHR?

3 The IACHR is the principal organ of the OAS mandated to protect and promote human rights in the Americas Article 106 There shall be an Inter-American Commission on Human Rights, whose principal function shall be to promote the observance and protection of human rights and to serve as a consultative organ of the Organization in these matters. An inter-American convention on human rights shall determine the structure, competence, and procedure of this Commission, as well as those of other organs responsible for these matters. Pursues its mandate in conjunction with that of the Inter- American Court of Human Rights, established by the American Convention

4 The IACHR The IACHR is composed of 7 members The members are elected by the member States and serve in an individual capacity for 4 years Evelio Fernandez ArévalosParaguay Paulo Sérgio Pinheiro Brazil Florentin MeléndezEl Salvador Clare K. RobertsAntigua and Barbuda Freddy GutiérrezVenezuela Paolo Carozza United States Víctor Abramovich Argentina

5 The members serve as country and thematic rapporteurs Represents all the member States of the OAS Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Lucia, Saint Vincent and the Grenadines, St. Kitts and Nevis, Suriname, Trinidad and Tobago, United States, Uruguay and Venezuela.

6 INTER-AMERICAN HUMAN RIGHTS INSTRUMENTS CHARTER OF THE ORGANIZATION OF AMERICAN STATES AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN AMERICAN CONVENTION ON HUMAN RIGHTS ADDITIONAL PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS IN THE AREA OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS "PROTOCOL OF SAN SALVADOR" PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE INTER-AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT AND ERADICATION OF VIOLENCE AGAINST WOMEN "CONVENTION OF BELÉM DO PARÁ" INTER-AMERICAN CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES INTER-AMERICAN DEMOCRATIC CHARTER

7 FUNCTIONS OF THE IACHR raises public consciousness regarding human rights in the Americas organizes and carries out conferences and seminars

8 recommends the adoption of measures to contribute to human rights protection to the Member States of the OAS

9 observes the general human rights situation in the member States carries out on-site visits to countries to engage in- depth analysis of the human rights situation

10 ON SITE VISITS

11 DATEPLACEDATEPLACE 22-29 October 1961Dominican Republic20 September 1979Argentina 5-9 May 1963Dominican Republic21-28 April 1980Colombia 11 June 1965 1 June 1966 Dominican Republic6-11 October 1980Nicaragua 4-7 July 1969 8-10 July 1969 El Salvador Honduras 3-6 May 1982Nicaragua 22 July 2 August 1974 Chile21-26 Sept. 1982Guatemala 29 November 7 December 1977 Panama20-24 June 1983Suriname 18 January 1978El Salvador6-10 May 1985Guatemala 16-25 August 1978Haiti12-17 June 1985Suriname 3-12 October 1978Nicaragua10-16 August 1986El Salvador

12 DATEPLACEDATEPLACE 20-23 January 1987Haití14-16 Nov. 1990Haiti 15-19 Feb. 1987El Salvador12-14 August 1991Dominican Republic 5-9 October 1987Suriname28 Oct. - 1 Nov. 1991Peru 20-22 January 1988Nicaragua4-6 December 1991Haiti 25-28 January 1988Guatemala19-21 April 1992Peru 29 Aug. - 2 Sep. 1988Suriname27-30 April 1992Nicaragua 13-16 Dec. 1988Suriname4-8 May 1992Colombia 27 Feb. - 3 Mar. 1989Panama11-12 May 1992Peru 6-12 May 1989Peru2-6 November 1992Guatemala 29 Jan.-3 Feb. 1990Guatemala17-21 May 1993Peru 7-9 February 1990Paraguay23-27 August 1993Haiti 17-20 April 1990Haiti6-10 Sept. 1993Guatemala 9-13 July 1990Panama9-10 March 1994Guatemala

13 DATEPLACEDATEPLACE 16-20 May 1994Haiti6-11 August 1998Guatemala 22-27 May 1994Bahamas9-13 November 1998Peru 24-27 October 1994Haiti28-30 July 1999Paraguay 7-11 Nov. 1994Ecuador21-25 August 2000Haiti 1-5 December 1994Guatemala6-8 June 2001Panama 7 December 1994Jamaica7-13 December 2001Panama 20-23 March 1995Haiti6-10 May 2002Venezuela 5-10 July 1995Guatemala24-28 March 2003Guatemala 4-8 December 1995Brazil17-22 August 2003Haiti 15-24 July 1996Mexico1-3 September 2004Haiti 28 April - 2 May 1997Bolivia18-22 April 2005Haiti 16-20 June 1997Dominican Republic 1-8 December 1997Colombia

14 ON SITE VISITS PER COUNTRY TOTAL: 89 General visits: 69 Visits by theme or specific matter: 22

15 prepares and publishes reports on the situation of human rights in specific Member States

16 COUNTRY REPORTS Haiti 2005 Colombia 2004 Guatemala 2003 Venezuela 2003 Guatemala 2001 Paraguay 2001 Peru 2000 Canada 2000 Dominican Republic 1999 Colombia 1999 Mexico 1998 Brazil 1997 Bolivia 1996 Ecuador 1997 Haiti 1995 El Salvador 1994 Haiti 1994 Communities of Peoples in Resistance in Guatemala 1994 Colombia 1993 Guatemala 1993 Haiti 1993 Peru 1993 CAYARA Haiti 1990 Panama 1989 Haiti 1988 Paraguay 1987 Chile 1985 Guatemala 1985 Suriname 1985 Guatemala 1983 Cuba 1983 (Seventh) Nicaraguan population of Miskito origin 1983 Suriname 1983 Colombia 1981 Guatemala 1981 Bolivia 1981 Nicaragua 1981 Argentina 1980 Cuba 1979 (Sixth) Haiti 1979 El Salvador 1978 Nicaragua 1978 Panama 1978 Paraguay 1978 Uruguay 1978 Chile 1977 Chile 1976 Cuba 1976 (Fifth) Chile 1974 El Salvador and Honduras 1970 Cuba 1970 Haiti 1969 Cuba 1967 Dominican Republic 1966 Dominican Republic 1965 Cuba 1963 Cuba 1962

17 receives, analyzes and investigates individual petitions which allege human rights violations prepares and publishes reports on individual cases, including recommendations to member States

18 PETITIONS RECEIVED PER YEAR ARGENTINAARGENTINA

19 PETITIONS RECEIVED BY COUNTRY IN 2006

20 PETITIONS TRANSMITTED TO STATES

21 PETITIONS TRANSMITTED BY COUNTRY DURING 2006

22 CASES AND PETITIONS BEING PROCESSED BY YEAR

23 TOTAL NUMBER OF ADMISSIBILITY/INADMISSIBILITY REPORTS PUBLISHED AdmissibleInadmissible

24 REPORTS PUBLISHED ON MERITS

25 FRIENDLY SETTLEMENT REPORTS PUBLISHED

26 requests States to adopt specific “precautionary measures” to avoid serious and irreparable harm to individuals in urgent cases

27 A.Threats against life and physical integrity B.Threats against communities particularly indigenous, by affecting their environment C.Threats against health D.Execution of judicial or administrative orders E.Incommunicado detention or uncertainty on legal status CATEGORIES OF PRECAUTIONARY MEASURES

28 PRECAUTIONARY MEASURES GRANTED BY YEAR

29 PRECAUTIONARY MEASURES GRANTED BY COUNTRY IN 2006

30 submits cases to the Inter-American Court and appears before the Court in the litigation of all matters before it

31 CASES PRESENTED BEFORE THE INTER-AMERICAN COURT

32 CASES SUBMITTED TO THE INTER-AMERICAN COURT OF HUMAN RIGHTS PER COUNTRY

33 Request the adoption of provisional measures by the Inter-American Court of Human Rights

34 requests advisory opinions from the Inter- American Court regarding questions of interpretation of the American Convention and other human rights treaties

35 I/A Court H.R., “Other treaties” subject to the advisory jurisdiction of the Court (Art. 64 American Convention on Human Rights), Advisory Opinion OC-1/82 of September 24, 1982. Requested by Peru. I/A Court H.R., The Effect of Reservations on the Entry into Force of the American Convention on Human Rights (Arts. 74 and 75), Advisory Opinion OC-2/82 of September 24, 1982. Requested by the IACHR. I/A Court H.R., Restrictions to the Death Penalty (Arts. 4(2) and 4(4) American Convention on Human Rights), Advisory Opinion OC-3/83 of September 8, 1983. Requested by the IACHR. I/A Court H.R., Proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica, Advisory Opinion OC-4/84 of January 19, 1984. Requested by Costa Rica. I/A Court H.R., Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights ), Advisory Opinion OC-5/85 of November 13, 1985. Requested by Costa Rica. I/A Court H.R., The Word “Laws” in Article 30 of the American Convention on Human Rights, Advisory Opinion OC-6/86 of May 9, 1986. Requested by Uruguay.

36 I/A Court H.R., Enforceability of the Right to Reply or Correction (Arts. 14(1), 1(1) and 2 American Convention on Human Rights ), Advisory Opinion OC-7/86 of August 29, 1986. Requested by Costa Rica. I/A Court H.R., Habeas corpus in Emergency Situations (Arts. 27(2), 25(1) and 7(6) American Convention on Human Rights ), Advisory Opinion OC-8/87 of January 30, 1987. Requested by the IACHR. I/A Court H.R., Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and (8) American Convention on Human Right ), Advisory Opinion OC-9/87 of October 6, 1987. Requested by Uruguay. I/A Court H.R., Interpretation of the American Declaration of the Rights and Duties of Man within the Framework of Article 64 of the American Convention on Human Rights. Advisory Opinion OC-10/89 of July 14, 1989. Requested by Colombia. I/A Court H.R., Exceptions to the Exhaustion of Domestic Remedies (Arts. 46(1), 46(2)(a) and 46(2)(b) American Convention on Human Rights ), Advisory Opinion OC-11/90 of August 10, 1990. Requested by the IACHR. I/A Court H.R., Compatibility of Draft Legislation with Article 8(2)(h) of the American Convention on Human Rights, Advisory Opinion OC-12/91 of December 6, 1991. Requested by Costa Rica.

37 I/A Court H.R., Certain Attributes of the Inter-American Commission on Human Rights (Arts. 41, 42, 44, 46, 47, 50 and 51 of the American Convention on Human Rights), Advisory Opinion OC- 13/93 of July 16, 1993. Requested by Uruguay. I/A Court H.R., International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts. 1 and 2 of the American Convention on Human Rights), Advisory Opinion OC-14/94 of December 9, 1994. Requested by the IACHR. I/A Court H.R., Reports of the Inter-American Commission on Human Rights (Art. 51 American Convention on Human Rights), Advisory Opinion OC-15/97 of November 14 1997. Requested by Chile. I/A Court H.R., The right to information on consular assistance. In the framework of the Guarantees of the due process of law, Advisory Opinion OC-16/99 of October 1, 1999. Requested by Mexico. I/A Court H.R., Legal Status and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Requested by the IACHR. I/A Court H.R., Legal Status and Rights of undocumented migrant workers. Advisory Opinion OC-18/03 of September 17, 2003. Requested by Mexico. I/A Court H.R., Control of Legality in the Practice of Authorities of the Inter-American Commission of Human Rights. Advisory Opinion OC-19/05

38 The IACHR meets three or more times a year Holds hearings

39 The IACHR has established special rapporteurships to better address the following issues: FREEDOM OF EXPRESSION

40 THE RIGHTS OF INDIGENOUS PEOPLES

41 THE RIGHTS OF WOMEN

42 THE RIGHTS OF CHILDREN

43 THE RIGHTS OF PERSONS OF AFRICAN DESCENT AND AGAINST RACIAL DISCRIMINATION

44 THE SITUATION OF MIGRANT WORKERS AND THEIR FAMILIES

45 PERSONS DEPRIVED OF LIBERTY IN THE AMERICAS

46 THE RIGHTS OF DISPLACED PERSONS

47 UNIT OF HUMAN RIGHTS DEFENDERS

48 For more comprehensive information on the mandate and activities of the IACHR, please visit our website www.cidh.org, or contact our headquarters at 202-458-6002


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