CHAPTER I

 

LEGAL ORIGINS AND BASES OF THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

 

 

          In its resolution on human rights, the Fifth Meeting of Consultation of Ministers of Foreign Affairs (Santiago, Chile, 1959) established an Inter-American Commission on Human Rights to “promote respect for such rights.”

 

          The Council approved the Statute of the Commission on May 25, 1960, and elected its seven members on June 29 of that year.

 

          On February 27, 1967, the Protocol of Amendments to the OAS Charter was signed in Buenos Aires, Argentina. Article 112 of the Protocol calls for an Inter-American Commission on Human Rights, with the primary function of promoting the observance and defense of human rights and serving as an organ of consultation for the OAS in this field. It also raised the Commission to the rank of a principal organ subject to a future convention on human rights (Article 112, last part), and provided that in the interim period between the entry into force of the Protocol and the entry into force of the Convention, the IACHR, established by the Fifth Meeting of Consultation, “shall keep vigilance over the observance of human rights” (Article 150).

 

          Finally, on November 12, 1969, the American Convention on Human Rights was signed in San José, Costa Rica, and entered into force almost nine years later on July 18, 1978, when the eleventh instrument of ratification was deposited by the member State of Grenada.

 

          At its ninth regular session (La Paz, Bolivia, October 1979), the OAS General Assembly approved the new Statute of the Commission. At the following regular session of the General Assembly, held in November 1980, in Washington, D.C., Articles 6 and 8 of the Statute were amended. Pursuant to Article 112 of the OAS Charter and Article 1 of the Commission's Statute, the Commission is: “An organ … created to promote the observance and defense of human rights and to serve as consultative organ of the Organization in this matter.”

 

          At its 49th session (April 1980), the Inter-American Commission on Human Rights adopted new Regulations. At its 64th session (March 1985) were modified articles 7, 8, 17, 19, 34, 45, 53 and 74 of the above Regulations.

 

          A more detailed explanation of the Commission's origin and juridical bases, along with the text of the instruments governing it are contained in the document “Handbook of Existing Rules Pertaining to Human Rights in the Inter-American System” (OEA/Ser.L/V/II.65, doc. 6, July 1, 1985).

 

STATUS OF THE AMERICAN CONVENTION ON HUMAN RIGHTS

 

          On the date this report was approved, the following States were parties to the American Convention on Human Rights: Argentina, Barbados, Bolivia, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Peru, Uruguay and Venezuela. Of these countries, Argentina, Colombia, Costa Rica, Ecuador, Jamaica, Peru, Uruguay and Venezuela have recognized the Commission's competence to receive inter-State complaints in accordance with Article 45. Argentina, Colombia, Costa Rica, Ecuador, Honduras, Peru, Uruguay and Venezuela have recognized the Court's jurisdiction in accordance with Article 62 of the Convention.

 

RELATIONS BETWEEN THE IACHR AND THE INTER-AMERICAN COURT

OF HUMAN RIGHTS

 

          During the period covered by this report, the IACHR has continued its cooperative relations with the Inter-American Court of Human Rights. At its 67th session, it had the opportunity to receive Professor Thomas Buergenthal, Judge and President of the Inter-American Court of Human Rights, with whom an interesting exchange of views was held. This exchange will make it possible to achieve more effective coordination and increased cooperation between the two organs for human rights protection, established by the 1969 Pact of San José, Costa Rica. The Commission also held a meeting with the Court in Atlanta, Georgia, September 15-16, 1986. The details of this meeting are set forth in Chapter II.

 

RELATIONS WITH OTHER AGENCIES OF THE REGIONAL SYSTEM

 

          In 1985 and 1986, the Commission continued to maintain cooperative relations in the area of human rights with the Inter-American Commission of Women, the Inter-American Children's Institute, and the Inter-American Indian Institute, which are specialized organs of the OAS. With regard to the latter, the IACHR was represented by its member, Mr. Bruce McColm, at the Nineteenth Inter-American Indian Congress, held in Santa Fe, New Mexico, from October 28 to November 1, 1985.

 

RELATIONS WITH SIMILAR INTERNATIONAL AGENCIES

 

          Also during the period in reference, the Commission continued its cooperative relations with the UN Human Rights Commission and the UN Human Rights Committee and with the European Commission of Human Rights, through the exchange of documents and information. Worthy of special mention is the historic first meeting of the Inter-American Commission and the European Commission of Human Rights, held November 11-12-, 1985, in Seville, Spain, followed by an international colloquium on the European Convention. Both events were attended by the President and several members of the IACHR, and staff members of the Commission's Secretariat.

 

[ Table of Contents | Previous | Next ]