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Inter -American Commission on Human Rights
Reform process – 2012
IACHR methodology for reviewing regulatory provisions, policies, and practices in order to
strengthen the inter -American human rights system

Introduction

The Inter -American Commission on Human Rights was established in 1959 by the Organization
of American States (OAS) with a mandate to promote and protect human rights in the region.
The Commission monitors the situation of human rights in all the states of the Organization,
handles indivi dual complaints, and works through its thematic rapporteurships. The
Commission promotes and protects the effective exercise of human rights through all these
functions and through other promotion al activities such as its thematic reports, press releases,
responses to requests for information , and training of state agents, civil society organizations,
and other actors of the system; every year, hundreds of such activities are carried out.

On June 29 , 2011, the Permanent Council of the OAS created a Special Working Group to Reflect
on the Workings of the Inter -American Commission on Human Rights with a view to
Strengthening the Inter -American Human Rights System . On December 13, 2011 the Group
adopte d its Report and on January 25, 2012 the Report was approved by the Permanent Council.
As a part of those processes, the IACHR is now considering the report in a receptive and
constructive spirit.

Additionally, m any civil society organizations have expressed their opinion on the
recommendations issued. For instance, on January 27 , 2012, after the adoption of the
recommendations of the Special Working Group by the Permanent Council, more than 90
huma n rights organizations signed a press release expre ssing their opinion on the
recommendations and the need to open a space of dialogue for discussing them. On March 28,
2012, the International Coalition of Human Rights Organizations in the Americas, in
representation of more t han 700 organizations of the civil society, also expressed its opinion
over some of the recommendations during a public hearing before the Commission.

At its 144 th period of session s, the IACHR decided to undertake an in -depth examination of its
procedures and mechanisms , and as part of that analysis will carry out a consultation with the
users of the Inter -American System.

On May 30, 2012 the IACHR held the First Regional Seminar on the recommendations
formulated by the Member States in the Report of the Special Working Group . In that Seminar,
all actors underlined the importance of underscoring the scope, content, viability and means of
implementation for the recommendations.

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At its 145 th period of sessions , the Commission developed an agenda for its process of reform
that includes addressing the concerns and recommendations presented in that report . In this
document , the Commission announces the methodology it will employ in review ing regulations,
policies, and practices dur ing the remainder of 2012. The Commission has bee n particularly
careful to consider the work program of the Permanent Council and other actors of the Inter –
American System to design its methodology, and trusts that it offers ample opportunities to
establish points of contact between the processes carried out by the IACHR, the Permanent
Council and other actors.

Princip les

According to the American Declaration of the Rights and Duties of Man, “juridical and political
institutions […] have as their principal aim the protection of the essential rights of man. ” The
Commission will have that aim in mind as it studies any proposals regarding its Rules , policies,
and practices ; any change or amendment will be based upon a fundamented conclusion as to
how to improve the protection of human rights .

In conduc ting the review, the Commission will be guided by the following principles :

1. Broad participation by all interested actor s in the process of review of Rules, practices or policies
implemented by the IACHR in relation to the aforementioned resolutions. Amon g the actors are
the Member S tates of the Organization and other users of the system ;
2. Consideration of all inputs submitted by the various actors and the adoption , in an independent ,
autonomous manner , of decisions conduc ive to the best performance of its mandate , and
3. The importance of making all of its activities as effective as possible .

Methodology

Calls for universal adoption
The IACHR notes that an initial group of the Special Working Group ’s recommendations refer to
activities to promote universal adoption of the system . In that regard, the IACHR emphasizes
that :

1. The competence of the Commission is universal in the sense that all Member States of the
Organization of American States are subject to monitoring of their human rights situations , to
the system of individual petitions, and to follow -up in the thematic areas .

2. Member States must assume their responsibility for achieving universal ratification of the
American Convention on Human Rights and other inter -American human rights instruments .
The Commission accepts the States’ call for it to further this aim in every way it can , will
emphasize its efforts in th is regard, and will integrate promotion of universal adoption into all its
visits and activi ties where app ropriate .

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Possible reforms
Some of the recommendations to the IACHR by the Special Working Group refer to matters
governed by the Rules of Procedure . This is true of the following areas in particular:

1. Individual petitions and cas es, inclu ding friendly settlement ;
2. Precautionary me asures ;
3. Monitoring of the situation in member states (e.g. “Chapter IV ”); and
4. Promotion .

The Commission is now preparing consultations on these questions, which will be published on
or before Augus t 25 , 2012 . These documents will be the subject of broad consultation, open for
comment to all users of the system during a minimum period of one month. The consulta tion
will be carried out through the following means :

1. Formal invitation to the member states ;
2. Invitation through list s of civil society organizations , and
3. Announcement on the IACHR website and social networks .

Once the period for comments has ended circa September 25, 2012 , the IACHR will determin e
the steps to be followed bearing in mind, to that respect, the working methodology of the
Permanent Council of the Organization, and other relevant input.

Ot her recommendations by the Special Working Group to the IACHR refer to institutional policy
and practice , involving the following topics :

1. Permanent p residenc y;
2. Allocation of resources to different work areas ;
3. Conten t, data, and statistics to be included in the Annual Report, and how it should be
organiz ed ;
4. Dissemination of criteria and jurisprudence (inclu ding preparation of manual s);
5. Criteria for raising specific fund s, and
6. Institutional structure .

Although some of these topics, or specific aspects of the m, may be subject to consultation, the
Commission is already implementing measures that relate to the recommendations of the
Special Working Group ’s Report . These, with any possible reforms to the Rules, policies and
practices of the IACHR, will be communicated to the Permanent Council and broadly
disseminated on or before September 30, 2012 .

Seminars and academic eve nts

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The IACHR will conduct and /o r participa te in sub -regional seminars and academic events
organized in coordination with all actors in the System in August and September 2012 , for
deeper examination of the technical aspect s of the reform agenda and its major themes . The
Commission will organize Sub -regional Seminars in coordination with actors in Middle -America,
the Ande an Region, the Southern Cone, the Caribbean and North America to serve as fora for
ample discussions , open to all users of the System a nd all interested in its strengthening. The
IACHR will deploy its best efforts to ensure wide invitation and dissemination of contents . The
Seminars will be the occasion to convoke experts, representatives of the Member States and
civil society organizat ions, and draw conclusions on the topics of the process of reform.

Collaboration with the Permanent Council
The President of the IACHR will commit his best efforts to personally accompany the work of the
Permanent Council . Furthermore, the Executive Secretary, or a person he appoints, will attend
sessions and meetings , will provide the pertinent or necessary information , and will deal with
any request directed to the IACHR .

Public hearings
The IACHR will convene two hearings on strengthening measures, on October 30 , 2012, to give key
actors an opportunity for dialogue in addition to the ample opportunities provided within the
consulta tion process.

The IACHR and its activities

As for the system of individual petitions, a few indicators will illustrate the Commission’s
workload . There are around 8,500 matters pending before the IACHR : 7 ,000 in the initial
examination phase ; 1,000 in the admissibility phase , and 500 in the merits phase. Over its
lifetime , the IACHR ha s received and responded to over 20 ,000 petitions . In recent years, the
IACHR ha s received , annually, over 400 requests for precautionary measures that require swift
decisions and provides follow -up to more than 580 matters including measures in effect and
matters in which, without adopting measures, the IACHR has requested information with a view
to reaching a decision.

In 2011, the Commission’s activities included three periods of sessions; receiving and recording
over 1,600 new petitions; in connection with petitions, adopting 67 reports on admissibility, 11
reports on inadmissibility, eight reports on friendly settleme nt, 54 decisions to archive , and 25
reports on the merits; publishing five reports on the merits , and submitting 23 cases to the
Inter -American Court of Human Rights. They also included carrying out 91 hearing s, 58 working
meetings , over 30 working and pr omotion visits led by country rapporteurs or thematic
rapporteurs , 138 press releases, conducting five seminar s and training courses , and a broad
range of promotion efforts . This shows the great number and diversity of demands the
Commission faces and the various ways in which it protects and promotes human rights in the
Hemisphere .

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In its Strategic Plan, the IACHR emphasized that proper fulfillment of its mandate to promote
and protect human rights in the Hemisphere would require a substantial increase in its budget,
which , for 2012, should be increased to at least US$ 14 ,520,000 . This year , however, the OAS
has assigned to the IACHR 17 attorneys , 15 administrative staff persons , and , for operating
expenses, US$ 946,000, for a total of US$ 4,779,700 ( six percent of the overall OAS budget ).

Through its fundraising, the IACHR has secured US$ 1,049,863 , as of June 30 , 2012 , in specific
funds. In the second half of 2012 , it expect s to receive US$ 4,332,209 , for a 2012 total of
US$ 5,382,072 from specific funds . The IACHR takes this opportunity to thank Member and
Observer States and other entities for their voluntary contributions , and calls for the gradual
transformation of its regular budget to ensure the sustainability and predictability of its
activities.

If all these projections materialize , the IACHR will have received, from the general OAS budget,
the states, and cooperation agencies, a total of US$ 10 ,161,772 , or around 70% of what it needs
under its Strategic Plan . The goals in the Strategic Plan will have to be amended accordingly.

The IACHR has said repeatedly that the resources allocated are insufficient to enable it to
discharge its mandate effectively . T his result s in an unacceptable case backlog and in severe
limitations in the analyses requested by the General Assembly, visits and other promotion
activities, participation in proceedings before the Inter -American Court of Human Rights ,
difficulties in funding the Commission’s third period of sessions , an d restrictions in the functions
of thematic rapporteurships .

Some of the recommendations of the Report of the Special Working Group refer to this problem .
In connection with this , the IACHR hopes that any decisions adopted will bear in mind its
enormous workload and the urgent need to receive sufficient resources to discharge it
efficiently.

Adopt ed ; August 3, 2012
Washington , D.C.