Category Archives: Inter-American System

IACHR Launches Searchable Database of Recommendations, to Track Implementation

Credit: IACHR

The Inter-American Commission on Human Rights (IACHR) has launched an online database of recommendations it has issued to States in friendly settlement agreements, published merits reports, annual reports, country reports, and resolutions. [IACHR Press Release] The IACHR plans to soon add recommendations from thematic reports and precautionary measures, as well. The goals of the new system, known as the Inter-American SIMORE, are to facilitate State compliance and promote accountability and transparency, by improving access to information on the IACHR’s recommendations and their implementation. [IACHR Press Release] The Inter-American SIMORE is the IACHR’s first searchable database of its decisions and other outputs, and it is unique among human rights bodies in that it also serves as a channel for receiving information from many stakeholders on the status of (some) recommendations. States and civil society members may register on the platform to submit information on implementation, including regarding the IACHR’s most recent recommendation on the COVID-19 pandemic and human rights in the Americas. [IACHR Press Release] Currently, it contains 2,340 recommendations from 1999 to 2020. The interface, although not all documents, is available in English, Spanish, French, and Portuguese.

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IACHR Finds U.S. Responsible for Torture, Refoulement of Guantanamo Detainee

Guantánamo Roundtable
Credit: IACHR via Flickr

In its first decision concerning the “war on terror,” the Inter-American Commission on Human Rights (IACHR) has found the United States responsible for violating the human rights of Djamel Ameziane, a former detainee at the Guantánamo Bay detention facility. See IACHR, Merits Report No. 29/20, Case 12.865, Djamel Ameziane (United States), 22 April 2020. Ameziane is an Algerian national who was detained in Guantánamo without charge beginning in 2002, tortured, and later repatriated to Algeria in 2013. The IACHR’s decision on his 2008 complaint is its first published merits report of 2020. [CCR; CEJIL] The IACHR concluded that the U.S violated the American Declaration on the Rights and Duties of Man (American Declaration) provisions on torture and inhumane treatment, religious freedom, due process and effective remedy. See Djamel Ameziane (United States), 22 April 2020, para. 5. In contravention of IACHR precautionary measures and despite its repeated calls for the U.S. to transfer the remaining detainees from the detention facility, Guantánamo Bay is still operating and the U.S. continues to prosecute detainees before military commissions (hybrid military and civilian courts) rather than in federal courts. See id. at para. 110.

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ACHPR Publishes Special Mechanism Rules Ahead of New Rules of Procedure

ACHPR 27th Extraordinary Session, The Gambia
Credit: ACHPR

The African Commission on Human and Peoples’ Rights (ACHPR) has published new rules that partially clarify and formalize the work of the individuals and groups appointed to monitor and protect specific human rights and vulnerable groups on the Commission’s behalf. See ACommHPR, Standard Operating Procedures on the Special Mechanisms of the African Commission on Human and Peoples’ Rights (2020). The new Standard Operating Procedures on the Special Mechanisms mandate specific procedures and conduct, and envision greater consistency and transparency with regard to the special mechanisms’ work, although some details remain unclear. The text refers to the forthcoming revised ACHPR Rules of Procedure, which the ACHPR adopted along with the new Standard Operation Procedures during its 27th Extraordinary Session, held from February 14 to March 4, 2020. See ACHPR, Final Communiqué of the 27th Extraordinary Session of the African Commission on Human and Peoples’ Rights. While the ACHPR’s 12 thematic special mechanisms share similarities with the rapporteurships of the Inter-American Commission on Human Rights (IACHR), they are unique in that the working groups and committees include outside “expert members” who are not themselves ACHPR commissioners and who volunteer on a part-time basis. See ACommHPR, Standard Operating Procedures on the Special Mechanisms of the African Commission on Human and Peoples’ Rights (2020). The IACHR similarly released new guidelines on the work of its rapporteurships in February 2020. [IACHR Press Release]

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March 2020: UN Treaty Bodies, Human Rights Council, and Regional Bodies in Session

European Committee of Social Rights
Credit: Council of Europe

In March, universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Five United Nations treaty bodies and two pre-sessional working groups will be in session to assess States’ progress regarding economic, social and cultural rights; children’s rights; civil and political rights; the rights of persons with disabilities; and, migrants’ rights. The Human Rights Council will continue to hold its first of three regular sessions in 2020. Seven UN special procedures will conduct country visits in March. Additionally, two UN Working Groups will hold sessions in Geneva, Switzerland. Regionally, the African Commission on Human and Peoples’ Rights (ACHPR), the European Committee of Social Rights (ECSR), the Inter-American Commission on Human Rights (IACHR), and the Inter-American Court of Human Rights (IACtHR) will hold public sessions. The European Court of Human Rights (ECtHR) will also hold a Grand Chamber hearing.

The UN treaty body sessions, the ECtHR’s Grand Chamber hearing, and the public hearings of the IACtHR and the IACHR may be watched via UN Web TV, the ECtHR’s website, and the IACtHR’s Vimeo page and the IACHR’s YouTube page, respectively. Civil society members wishing to attend sessions should monitor updates related to the spread of the COVID-19 (Corona) virus, which may result in cancelled sessions or meetings and/or additional health checks.

To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

January 2020: UPR Working Group and Regional Human Rights Bodies in Session

Human Rights Council UPR Working Group
Credit: UN Photo/Violaine Martin

In January, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through country visits and the review of individual complaints. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Five UN special procedures will conduct country visits in January. Regionally, the Inter-American Court of Human Rights (IACtHR), the European Committee of Social Rights (ECSR), and the European Court of Human Rights (ECtHR) will be holding public sessions.

The UPR session may be watched via UN Web TV, and the public hearings of the IACtHR and the ECtHR may be watched via the IACtHR’s website or Vimeo page and the ECtHR’s website, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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Recent Developments Highlight Increased Collaboration Among Human Rights Bodies

Signing of the MOU between the UN and the World Economic Forum
Credit: UN Photo/Manuel Elias

Over the past several months, supranational human rights bodies have announced a flurry of joint events and agreements, highlighting some specific rights challenges and the increasing importance of technical collaboration. Between September and November 2019, the African Commission on Human and Peoples’ Rights (ACHPR), the European Court of Human Rights (ECtHR), the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights (IACtHR), the United Nations Office of the High Commissioner for Human Rights (OHCHR), and the United Nations Education, Scientific and Cultural Organization (UNESCO) were among the bodies that entered into cooperation agreements or hosted events to formalize and enhance collaboration in the implementation of human rights instruments. While there are many other examples over the past decade, it is noteworthy that these collaborations appear to be happening with increasing frequency, formality, and transparency.

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