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CHAPTER II
LEGAL BASES AND ACTIVITIES OF THE IACHR DURING 2010
A.Legal Bases, Functions, and Powers
1.The Inter-American Commission on Human Rights (“IACHR” or “the Commission”) is an autonomous organ of the Organization of American States (OAS), headquartered in Washington, D.C. Its mandate is prescribed in the OAS Charter, the American Convention on Human Rights, and the Commission’s Statute. The IACHR is one of the two bodies in the inter-American system responsible for the promotion and protection of human rights; the other is the Inter-American Court of Human Rights, based in San José, Costa Rica.
2.The IACHR consists of seven members who carry out their functions independently, without representing any particular country. Its members are elected by the General Assembly of the OAS for a period of four years and may be re-elected only once. The IACHR meets in regular and special sessions several times a year. The Executive Secretariat carries out the tasks delegated to it by the IACHR and provides the Commission with legal and administrative support in its pursuit of its functions.
3.In April 1948, in Bogotá, Colombia, the OAS adopted the American Declaration of the Rights and Duties of Man (“the American Declaration”), the first international human rights instrument of a general nature. The IACHR was created in 1959 and met for the first time in 1960.
4.In 1961, the IACHR began a series of visits to several countries for on-site observations of the human rights situation. Since then, the Commission has made more than 106 visits to the Organization’s member states. Based in part on these on-site investigations, to date the Commission has published 87 country reports and thematic reports.
5.In 1965, the IACHR was expressly authorized to examine complaints or petitions related to specific cases of human rights violations. By 2010, the Commission had received thousands of complaints, bringing the total number of cases and petitions to over 14,000. The final reports published by the IACHR on these individual cases can be found in its Annual Reports.
6.The American Convention on Human Rights (“the American Convention”) was adopted in 1969 and came into force in 1978. As of December 2010, a total of 24 member states were parties to the Convention: Argentina, Barbados, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominica, the Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname, Uruguay, and Venezuela. The Convention defines the human rights that the ratifying states have agreed to respect and guarantee. The Convention also created the Inter-American Court of Human Rights and established the functions and procedures of the Court and of the Commission. In addition to examining complaints of violations of the American Convention committed by the instrument’s states parties, the IACHR has competence, in accordance with the OAS Charter and with the Commission’s Statute, to consider alleged violations of the American Declaration by OAS member states that are not yet parties to the American Convention.
7.The principal responsibility of the IACHR is to promote the observance and defense of human rights in the Americas. In fulfillment of that mandate, the Commission:
(a)Receives, analyzes and investigates individual petitions alleging human rights violations pursuant to Articles 44 to 51 of the Convention, Articles 19 and 20 of its Statute, and Articles 22 to 50 of its Rules of Procedure.
(b)Observes the general human rights situation in the member states and, when it deems appropriate, publishes special reports on the existing situation in any member State.
(c)Conducts on-site visits to member states to carry out in-depth analyses of the general situation and/or to investigate a specific situation. In general, these visits lead to the preparation of a report on the human rights situation encountered, which is then published and submitted to the OAS Permanent Council and General Assembly.
(d)Fosters public awareness of human rights in the Americas. To that end, the Commission prepares and publishes studies on specific subjects, such as measures that should be adopted to guarantee greater access to justice; the impact of internal armed conflicts on certain groups of citizens; the human rights situation of children, women, migrant workers and their families, people deprived of their liberty, human rights defenders, indigenous peoples, and communities of African descent, racial discrimination, and freedom of expression.
(e)Organizes and carries out visits, conferences, seminars, and meetings with representatives from governments, academic institutions, nongovernmental organizations, and other bodies, to disseminate information and promote a broader understanding of the work of the inter-American human rights system.
(f)Makes recommendations to OAS member states for the adoption of measures that will contribute to the protection of human rights in the countries of the Hemisphere.
(g)Requests that member states adopt “precautionary measures” in accordance with the provisions of Article 25 of its Rules of Procedure, to prevent irreparable harm to human rights in grave and urgent cases. It can also request that the Inter-American Court order the adoption of “provisional measures” in cases of extreme gravity and urgency to prevent irreparable harm to persons, even if the case has not yet been referred to the Court.
(h)Submits cases to the Inter-American Court of Human Rights and appears in court during litigation.
(i)Requests advisory opinions from the Inter-American Court in accordance with the provisions of Article 64 of the American Convention.
8.Any person, group of persons, or nongovernmental entity that is legally recognized in one or more OAS member states may petition the Commission with regard to the violation of any right protected by the American Convention, by the American Declaration, or by any other pertinent instrument, in accordance with the applicable provisions and its Statute and Rules of Procedure. Also, under the terms of Article 45 of the American Convention, the IACHR may consider communications from a State alleging rights violations by another state. Petitions may be filed in any of the four official languages of the OAS (English, French, Spanish, or Portuguese) by the alleged victim of the rights violation or by a third party, and, in the case of interstate petitions, by a government.
B.The Commission’s Sessions in 2010
9.During the period covered by this report, the Commission met on three occasions: on March 15 to 26, 2010, at its 138th regular session; on July 12 to 16, 2010, at its 139th regular session; and on October 20 to November 5, 2010, at its 140th regular session.[1] During 2010, the Commission adopted a total of 73 admissibility reports, 10 inadmissibility reports, 11 friendly settlement reports, 55 decisions to archive, and 25 merits reports; it also decided to publish four merits reports. In total, it held 88 hearings and 47 working meetings.
1.138th Regular Session
10.The Inter-American Commission on Human Rights (IACHR) held its 138th regular session from March 15 to 26, 2010. During the session, it elected its board of officersas follows: Felipe González as President, Paulo Sérgio Pinheiro as First Vice President, and Dinah Shelton as Second Vice President. The IACHR’s other members are Commissioners María Silvia Guillén, Luz Patricia Mejía Guerrero, Rodrigo Escobar Gil, and José de Jesús Orozco Henríquez. Its Executive Secretary is Santiago Canton, and its Assistant Executive Secretary is Elizabeth Abi-Mershed.
11.At that regular session, the IACHR adopted reports on individual cases and petitions and held 35 hearings and 28 working meetings on individual petitions and cases, precautionary measures, and other general topics. During this period of sessions, the IACHR met with the President of the Inter-American Court. In addition, the Commission met with the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, James Anaya, and with the United Nations Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Anand Grover.
12.During this session, the IACHR noted its extreme concern at the attacks and harassment suffered by human rights defenders in the region. In addition, the IACHR noted its concern at the forced displacement of thousands of people, indigenous peoples in particular, because of the construction of major infrastructure projects and the exploitation of natural resources. The IACHR saw that in many instances, those projects were being carried out without first consulting the affected indigenous peoples and without adequate measures for protecting their ancestral territories. In connection with this, the IACHR pointed out that the American Convention requires that states conduct free and informed prior consultations in order to secure the consent of indigenous peoples and communities that stand to be affected by development programs and investment projects carried out in their territories.
13.At the same time, the IACHR expressed its satisfaction at the recognition of responsibility and request for forgiveness made on March 24, 2010, by President of El Salvador Mauricio Funes for the extrajudicial killing of Msgr. Óscar Arnulfo Romero y Galdámez, Archbishop of San Salvador, thirty years after it took place. The IACHR also emphasized the progress made in cases that are undergoing friendly settlement proceedings.
14.The Commission adopted a total of 62 reports on petitions and cases: 23 admissibility reports; four inadmissibility reports; four friendly settlement reports; 27 decisions to archive; two merits reports; and two decisions to publish merits reports.
2.139th Regular Session
15.The Inter-American Commission held its 139th regular session on July 12 to 16, 2010. Because this was a session for internal matters, the IACHR held no public hearings or working meetings. The Commission adopted a total of 40 reports on petitions and cases: 13 admissibility reports; three inadmissibility reports; two friendly settlement reports; 14 decisions to archive; seven merits reports; and one decision to publish a merits report. In addition, between the 138th and 139th sessions, the IACHR adopted three admissibility reports using electronic channels.
3.140th Regular Session
16.The Inter-American Commission held its 140th regular session from October 20 to November 5, 2010. At that session, it adopted reports on individual cases and petitions and held 53 public hearings and 19 working meetings. During the session, the IACHR met with representatives of the Justice Studies Center of the Americas (JSCA), who presented a study on preventive custody in the region.
17.The IACHR expressed its concern at the information received during the session regarding the continued existence of structural problems in the area of human rights in the region, affecting the right to life and the right to humane treatment, guarantees of due process and judicial protection, and the exercise of economic, social, and cultural rights. In addition, the Commission expressed its alarm at the information it received about the ongoing killings, harassment, and threats faced by human rights defenders, women’s rights organizations, and judges and other judicial workers, and about the continued use by state authorities of statements that undermine the legitimacy of the work of organizations that defend human rights, some of which have even stigmatized them as collaborating with terrorist groups or working to destabilize the state, and it noted its concern at the effect such statements have on the security of human rights defenders.
18.The IACHR expressed its deep concern about the information it received regarding the situation of systematic discrimination and violence against lesbian, gay, bisexual, trans, and intersex persons (LGBTI) in the region. Most particularly, the IACHR expressed its concern about the situation in those countries of the English-speaking Caribbean where the conduct of LGBTI persons is criminalized, through laws in effect that impose criminal sanctions ranging from 10 years in prison or forced labor to life imprisonment for consensual sexual conduct between adults of the same sex. The Commission called for these laws to be repealed. The IACHR also received information about serious acts of violence and hate crimes perpetrated against the LGBTI community in countries of South America and Central America, as well as about the particular cruelty of the means of violence employed against members of the trans community. The Inter-American Commission decided to intensify its efforts to defend the rights of LGBTI persons, and to prepare a hemispheric report on the issue.
19.The IACHR received, with concern, information on serious problems with the implementation of precautionary measures in several of the region’s countries and it called on the States to take urgent steps to provide effective protection for the beneficiaries of the measures granted by the IACHR. In addition, the Commission deplored the situations that arose during 2010 in which people attending IACHR hearings were targeted by attempts to discredit, persecute and harass them in their countries, some of which were carried out by government authorities.
20.At the same time, the IACHR expressed its satisfaction with the adoption of five friendly settlement reports in cases involving Argentina, Chile, and Mexico, and with the progress made in other friendly settlement proceedings involving Argentina, Guatemala, and Mexico. It also commended the willingness and cooperation shown by the parties at the meetings held in pursuit of those agreements and it announced its decision to strengthen this mechanism, which offers an effective method for resolving petitions and cases. In addition, it noted the presentation of the report by the Truth Commission of Ecuador, jointly produced by state representatives and civil society, and it applauded this cooperation between government authorities and nongovernmental organizations in the defense of human rights.
21.The Commission also adopted a total of 66 reports on petitions and cases: 28 admissibility reports; three inadmissibility reports; five friendly settlement reports; 14 decisions to archive; 14 merits reports; and one decision to publish a merits report. Similarly, between the 139th and 140th sessions, the IACHR adopted four admissibility reports using electronic communications and, between November and December 2010, it adopted a further two admissibility reports using the same mechanism.
C.Visits
Argentina
22.Commissioner Luz Patricia Mejía Guerrero visited Argentina on February 15 to 17, 2010, in her capacity as Rapporteur for Argentina. The Commissioner led a delegation from the Executive Secretariat of the IACHR.The purpose of the visit was to encourage compliance with friendly settlement agreements and the IACHR’s recommendations, to which end the delegation held meetings with senior authorities from the federal and provincial governments, as well as with representatives of civil society organizations.
23.Commissioner Rodrigo Escobar Gil visited Argentina on June 7 to 10, 2010, in his capacity as Rapporteur on the Rights of Persons Deprived of Liberty. During the visit, the Rapporteur for the Rights of Persons Deprived of Liberty and his delegation visited the following facilities: Greater Buenos Aires Northern Complex; Sierra Chica Unit 2; Lisandro Olmos Unit 1; the Ensenada Police Station, Third Precinct (El Dique); the Berisso Police Station, First Precinct; and the Lomas de Zamora Police Station, Sixth Precinct. The Rapporteur and his delegation also met with senior government officials and representatives of civil society organizations.
24.On December 2 and 3, 2010, Commissioner Luz Patricia Mejía Guerrero visited Argentina in her capacity as Rapporteur for Argentina, and she met with government authorities and representatives of civil society organizations.
Brazil
25.Commissioner Felipe González, President of the IACHR and Rapporteur for Brazil, made a working visit to the Federative Republic of Brazil on June 28 to July 2, 2010. During his visit, the Commissioner received the support of two attorneys from the IACHR Executive Secretariat. The aim of the visit was to prepare for the future on-site observation visit that the IACHR plans to make to Brazil in 2011, as well as to receive up-to-date information on the general human rights situation in Brazil, particularly as regards citizen security, and to make progress with cases and precautionary measures involving that country.
26.The visit began in Brasilia, where meetings were held with senior officials from the federal government and with civil society. The delegation later traveled to the city of Rio de Janeiro, to hold a series of working meetings on precautionary measures and friendly settlement proceedings in cases before the IACHR, attended by the petitioners and the corresponding federal and local authorities. It also held a meeting with broad participation by civil society organizations, and then several interviews with authorities responsible for public security and human rights. The visit concluded in the city of São Paulo, where further meetings on precautionary measures and friendly settlements were held, attended by the parties involved; in addition, the delegation met broadly with civil society, with the governor of the state and with state authorities responsible for public security and the prisons service.
Ecuador
27.The IACHR’s Rapporteurship on the Rights of Persons Deprived of Liberty visited the Republic of Ecuador on May 19 to 21, 2010, pursuant to the open and permanent invitation extended to the Commission by the State of Ecuador. The delegation comprised the Rapporteur, Commissioner Rodrigo Escobar Gil, and personnel from the Executive Secretariat. During its visit, the delegation met with government authorities, agencies of the United Nations system, and civil society organizations. It also visited the Women’s Social Rehabilitation Center in Quito and Litoral Penitentiary in Guayaquil.