Category Archives: Inter-American System

OAS Elects Four Commissioners to Inter-American Commission on Human Rights

Second Day of OAS 49th General Assembly
Credit: OEA – OAS via Flickr

On June 28, 2019, the 49th General Assembly of the Organization of American States (OAS) re-elected Commissioners Margaret May Macaulay (Jamaica) and Esmeralda Arosemena de Troitiño (Panama) to serve a second full term on the Inter-American Commission on Human Rights (IACHR), and elected two new commissioners, Julissa Mantilla Falcón (Peru) and Edgar Stuardo Ralón Orellana (Guatemala). [OAS Press Release] By January 2020, when the elected commissioners begin their terms, the IACHR’s composition will consist of five female commissioners and two male commissioners – the highest female to male ratio in the history of the IACHR. Mantilla Falcón was endorsed as a qualified commissioner in the 2019 report by the Independent Panel for the Election of Inter-American Human Rights Commissioners, a part of the Initiative on Transparency and Election Monitoring housed at American University’s Washington College of Law. See Mariclaire Acosta, et al., Abridged Version of the Report from the Independent Panel of Experts for the Evaluation of Candidates for the Inter-American Commission on Human Rights (2019). However, the Panel and civil society members objected to Ralón Orellana’s nomination and election, citing concerns over his limited human rights experience as well as his independence and impartiality.

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Inter-American Court to Publish Some Submissions on Implementation of Judgments

Caso Acosta y otros Vs. Nicaragua
Credit: CorteIDH via Flickr

The Inter-American Court of Human Rights (IACtHR) has published a new agreement providing public access to certain documents submitted to the Court in relation to decided cases. [IACtHR Press Release] Specifically, the Court will now publish on its website briefs and other information on compliance with its ordered guarantees of non-repetition (whether these are submitted by the parties or by other entities or experts), as well as amicus curiae briefs, submitted during the judgment implementation phase. See I/A Court H.R., Court Agreement No. 1/19, Clarifications in Relation to the Publication of Information Contained in the Files of Cases at the Stage of Monitoring Compliance with Judgment, 11 March 2019.

While the IACtHR has long published its own orders on compliance with its judgments, it has not previously published the parties’ briefs or other submissions regarding compliance. And, while the Court publishes the parties’ “main briefs” from the merits phase, it does not publish amicus curiae briefs related to the merits. Importantly, the Court’s orders on compliance with its judgments already refer to and quote from the information it receives from the parties and others; the major change of this new policy is that the public will have direct access to submitted documents and briefs themselves, at least with regard to guarantees of non-repetition. The Court may implement the new agreement retrospectively, to publish the relevant briefs received in prior years. See id.

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Inter-American Court to Determine State Responsibility for Trans Woman’s Murder

IACHR Hearing on LGBT Rights in Honduras
Daniel Cima via IACHR Flickr

Inter-American Commission on Human Rights (IACHR) has, for the first time, referred a case involving an alleged extrajudicial killing of a transgender woman to the Inter-American Court of Human Rights (IACtHR). The IACHR’s referral, filed on April 30, 2019, indicates that trans activist Vicky Hernández was killed – likely by State agents – during a government-imposed curfew in 2009, amid a broader context of attacks against LGBT persons in Honduras, and that the State subsequently failed to adequately investigate her death. [IACHR Press Release] The IACHR describes the case as an opportunity for the Court to “develop jurisprudence on violence against LGBT people, particularly trans women” and to again consider the human rights implications of the 2009 coup d’état in Honduras. [IACHR Press Release] The IACHR referred the case to the Court after determining that Honduras failed to comply with the recommendations set out in its merits report, which was recently made available in English on the IACHR’s website along with the letter of submission to the Court.

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New Report: Civil Society Access to the Inter-American Commission on Human Rights

civil society meets with IACHR

The International Justice Resource Center (IJRC) has published its second report in an ongoing series examining the barriers to civil society’s engagement with supranational human rights oversight bodies. See IJRC, Civil Society Access to International Oversight Bodies: Inter-American Commission on Human Rights (2019). This edition analyzes the Inter-American Commission on Human Rights (IACHR), a principal autonomous organ of the Organization of American States (OAS) charged with addressing human rights conditions and human rights violations in the 35 OAS Member States. The 65-page report focuses on the informal policies and practical factors, as well as formal rules, that help or hinder civil society’s participation in IACHR sessions and other activities. The Executive Summary, which includes the report’s main findings and a complete list of recommendations to the IACHR, is available in both Spanish and English. Read more

May 2019: UN Treaty Bodies And Regional Bodies In Session

Palais des Nations
Credit: Jean-Marc Ferré via Flickr

In May, several universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. Three United Nations treaty bodies will hold sessions to assess States’ progress regarding the elimination of racial discrimination, the prevention of torture, and the rights of children. The Human Rights Council Working Group on the Universal Periodic Review will consider the overall human rights situations in 14 countries. Seven UN special rapporteurs, two independent experts, and one working group will conduct country visits in May. Additionally, four UN working groups will hold sessions in Geneva. Of the regional bodies, the African Commission on Human and Peoples’ Rights (ACHPR), the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights (IACtHR), and the European Committee on Social Rights (ECSR) will all be in session. The European Court of Human Rights (ECtHR) will hold a Grand Chamber hearing.

The UN treaty body sessions may be watched via UN Web TV. The public hearings of the AfCHPR, IACtHR, IACHR, and ECtHR may be viewed via the AfCHPR’s YouTube page, the IACtHR’s Vimeo page, the IACHR’s YouTube 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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U.S. Resists International Oversight, Reduces IACHR Funding over Reproductive Rights

Secretary Pompeo Delivers Remarks on the Release of the 2018 Country Reports on Human Rights Practices

In another effort to both curtail international human rights oversight and advance a regressive view of reproductive rights, the United States Department of State indicated in late March 2019 that it would reduce its financial support for the region’s human rights bodies, which have urged States to repeal laws that criminalize abortion without any exceptions. [Washington Post; PAI] U.S. Secretary of State Michael Pompeo announced that the U.S. would reduce its regular contribution to the Organization of American States (OAS), a regional intergovernmental organization with 35 Member States, in an effort to target the Inter-American Commission on Human Rights (IACHR) and the Inter-American Commission of Women (CIM). See U.S. Department of State, Remarks to the Press (Michael R. Pompeo, 26 March 2019); Letter from Lankford et al., U.S. Senators, to Michael Pompeo, U.S. Secretary of State, United States Senate (Dec. 21, 2018).

The announcement follows other recent efforts by the U.S. to undermine international human rights protections or oversight, including revoking the International Criminal Court prosecutor’s visa to enter the U.S., and efforts to weaken the recommendations on women’s reproductive health and rights during the 63rd Session of the Commission on the Status of Women. [Reuters: Prosecutor; The Guardian] Read more

New IACHR Report Addresses Police Violence Against Black Americans

EEUU: Uso de fuerza por policía contra afrodescendientes
Credit: IACHR via Flickr

In a new report documenting the forms of police violence against people of African descent in the United States, the Inter-American Commission on Human Rights (IACHR) examines the widespread racial disparities in the American criminal justice system, in light of the State’s international human rights obligations. See IACHR, Police Violence against Afro-descendants in the United States (2018). The report from the region’s principal human rights oversight body examines the factual situation and recommends specific reforms. [IACHR Press Release] Its conclusions are perhaps most succinctly expressed in a note on the cover art, which reads, “the United States has systematically failed to adopt preventive measures and to train its police forces to perform their duties in an appropriate fashion. This has led to the frequent use of force based on racial bias and prejudice and tends to result in unjustified killings of African Americans.” See IACHR, Police Violence against Afro-descendants in the United States.

The report goes beyond current-day excessive use of force to examine the history of racial discrimination in America, modern structural discrimination, over-policing of African American communities, a lack of accountability for excessive use of force, and various racial disparities in the larger criminal justice system. Among its recommendations, the IACHR calls on the U.S. to provide restitution “to remedy the situation of historic, structural discrimination against African Americans,” accountability for killings by police, public apologies and official declarations to restore the dignity and rights of the victims, and human rights training for law enforcement. See id. at paras. 295, 300, 301.

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Forced Sterilization as a Human Rights Violation: Recent Developments

Commission on the Status of Women, New York

In recent years, international advocacy has contributed to increased awareness of forced sterilization as a human rights violation, including as a result of our work at the International Justice Resource Center (IJRC). Around the world, healthcare providers and others continue to sterilize people without their informed consent, most often targeting those who are Indigenous, living with HIV, are persons with disabilities, or who experience discrimination on other grounds. Just this month, IJRC advanced our partners’ advocacy on this issue at the 63rd Session of the United Nations Commission on the Status of Women (CSW), and Human Rights Watch published a report on involuntary sterilization of transgender persons in Japan. The past three years have also seen judgments from regional human rights courts on forced sterilization and important statements from other bodies. This post details the results of advocacy before regional and United Nations human rights bodies, summarizing the growing body of recommendations, statements, and judgments that more fully define forced sterilization as a human rights violation and guide governments in addressing this harmful practice.

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