CHAPTER I

ORIGIN AND LEGAL BASES OF THE IACHR

          The Inter-American Commission on Human Rights was created by Resolution VI of the Fifth Meeting of Consultation of Ministers of Foreign Affairs (Santiago, Chile, 1959).  Part II of that resolution provided that the Commission was to be composed of seven members selected, in a personal capacity, from nominees presented by the governments; the purpose of the Inter-American Commission on Human Rights is to "promote respect for such rights."

          The then Council of the Organization approved the Statute of the Commission on May 25, 1960.  Under the provisions of the Statute (Article 2) the Commission was established as an autonomous entity of the Organization of American States.  Human rights were understood to be those spelled out in the American Declaration of the Rights and Duties of Man (Bogota, 1948).

          Pursuant to that Statute, on June 29, 1960 the Council elected the members of the Commission.  It is important to note that the members of the Commission represent all the member states of the OAS and act in its name.

          The Commission's first session was held in Washington, D.C., from October 3 through 28, 1960.  Since that first session, the Commission has held eighty-five (85) sessions, some of them at its headquarters in the General Secretariat, others in various member states of the Organization.

          The Second Special Inter-American Conference (Rio de Janeiro, 1965) amended the Commission's Statute.  The amendments were in the form of additions and changes intended to make the Statute stronger and as effective as possible in assisting the Commission in the performance of its functions.  It was further recognized (Resolution XXII) that the IACHR had "performed valuable service in carrying out its mandate."  The 1960 Statute was amended as follows:  i) it authorized the Commission to pay "particular attention" to the observance of the human rights referred to in Articles I, II, III, IV, XVIII, XXV, and XXVI of the American Declaration of the Rights and Duties of Man; ii)  it authorized the Commission to examine communications sent to it and any other information available, to address  the government of any member state "for information deemed pertinent, and to make recommendations to it, in order to bring about more effective observance of fundamental human rights," and iii) it requested the Commission to present an annual report to the then Inter-American Conference or the Meeting of Consultation of Ministers of Foreign Affairs, so that the progress accomplished and the protection of human rights could be examined at the ministerial level.  When discharging its mandate, the IACHR should first ascertain whether a member state's legal procedures and remedies have been properly invoked and exhausted.

          Later, at the Third Special Inter-American Conference (Buenos Aires, 1967), the Protocol of Amendment to the Charter of the Organization of American States was signed.  That Protocol of Amendment added important provisions to the Charter which were of particular concern to the Commission, and to human rights in general, thereby establishing a quasi-conventional structure on the subject matter.  On the one hand, the Commission became one of the organs through which the Organization accomplishes its purposes (Article 51.e of the Charter); on the other hand, the Commission was instructed to continue to monitor the observance of human rights until the American Convention on Human Rights entered into force (Article 150, transitory).

          On November 22, 1969, the Inter-American Specialized Conference on Human Rights, convoked by the Council of the OAS (San Jose, Costa Rica), approved the American Convention on Human Rights, which entered into force on July 18, 1978, when Grenada deposited the eleventh instrument of ratification.[1]

          At its ninth regular session (La Paz, Bolivia, 1979), the General Assembly of the OAS approved the Commission's new Statute.  Articles 6 and 8 were later amended at the tenth regular session of the General Assembly (Washington, D.C., 1980).  Article 1 of the Statute defines the IACHR as "an organ of the Organization of American States, created to promote the observance and defense of human rights and to serve as a consultative organ to the Organization in this matter."  Human rights were defined as the rights set forth in the American Convention on Human Rights, for the States Parties thereto, and as the rights set forth in the American Declaration of the Rights and Duties of Man, for the other member states.  As with the previous Statute, the membership of the Commission, defined in Article 2, continued to be seven members, who represent all the member states of the OAS.  Under Article 3, the members of the Commission are to be elected in a personal capacity by the General Assembly.  Under Article 6, they are elected to a term of four (4) years and may be reelected only once.

          The Commission's functions and powers with respect to all the member states are spelled out in Article 18 of its Statute; those that apply to the States Parties to the American Convention are enumerated in Article 19.  Its powers in relation to member states that are not yet parties to the Convention are set forth in Article 20.[2]

RELATIONS BETWEEN THE IACHR AND THE INTER-AMERICAN COURT OF

HUMAN RIGHTS

          During the period to which this report refers the Commission continued to maintain close cooperative relations with the Inter-American Court of Human Rights, as described in Chapter II of this report, particularly with regard to hearings concerning the Court's advisory and contentious jurisdiction in matters submitted to it by the Commission.

RELATIONS WITH SPECIALIZED ORGANIZATIONS OF THE OAS

          Between 1992 and 1993 the Commission has continued its cooperative relationship with the Specialized Organizations of the OAS in matters pertaining to human rights.  These organizations include the Inter-American Commission of Women (CIM); the Inter-American Children's Institute; and the Inter-American Indian Institute.  As part of this cooperation, there has been an exchange of publications and working papers that, because of their nature, may be of mutual interest.

RELATIONS WITH OTHER ORGANIZATIONS ASSOCIATED WITH

HUMAN RIGHTS

          The Commission also continued to cooperate with the United Nations agencies charged with protecting and promoting human rights, such as the Commission on Human Rights, the Human Rights Committee provided for in the Optional Protocol to the International Covenant on Civil and Political Rights of the United Nations, and in particular, with the Commission's Working Group on Enforced or Involuntary Disappearances, in order to shed light on similar cases reported to the Commission.

          It would also be worthwhile mentioning the close cooperative relationship which the Commission has maintained with the Inter-American Institute of Human Rights.