Regional systems 143 CHAPTER XV THE INTER-AMERICAN HUMAN RIGHTS SYSTEM Summary: All 35 members of the Organization of American States fall within the jurisdiction of the Inter-American Commission on Human Rights, which has the authority to prepare reports on the human rights situation in any country in the Americas. It may also receive and consider complaints that a State party has violated the provisions of the American Convention on Human Rights or, with regard to those States which have not yet become a party, under the American Declaration of the Rights and Duties of Man. The American Convention on Human Rights creates an Inter-American Court of Human Rights, which is competent to issue binding judgements and to provide reparations when the Convention has been violated. This chapter describes the circumstances under which minorities can use the Commission and the Court to secure protection for their rights. The Organization of American States (OAS) was founded in 1948 and has a membership of 35 States in the Western Hemisphere.186 A regional organization, it encompasses a wide range of political, security and economic interests and has taken an active role in the promotion and protection of human rights since the 1960s. Its headquarters are in Washington, D.C. All the OAS member States are bound by the OAS Charter and by the 1948 American Declaration of the Rights and Duties of Man. (Although the latter is only a declaration and not a treaty, OAS deems that all its members are politically bound to observe its provisions.) In addition, OAS has adopted a number of specific human rights treaties since 1969; these include the American Convention on Human Rights “Pact of San José, Costa Rica” (1969) and its Additional Protocol in the Area of Economic, Social and Cultural Rights “Protocol of San Salvador” (1988) and its Protocol to Abolish the Death Penalty (1990); the Inter-American Convention to Prevent and Punish Torture (1985); the Inter-American Convention on Forced Disappearance of Persons (1994); the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women “Convention of Belem do Para” (1994) and the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities (1999). Only those States which have formally ratified these treaties are bound by their provisions. Members of minority groups, like anyone else, may become victims of torture, disappearance or violence. Such violations should be considered under the appropriate thematic mechanisms, whether the victims are members of the minority or majority. However, the most important OAS instruments for minorities are undoubtedly the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights. Twenty-four OAS member States are parties to the Convention.187 Sixteen of these are also parties to the Additional Protocol in the Antigua and Barbuda, Argentina, the Bahamas, Barbados, Belize, Bolivia (Plurinational State of), Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Dominica, the Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, the United States of America, Uruguay, and Venezuela (Bolivarian Republic of). Cuba is a non-participating member State. Cuba was suspended from participation in 1962, but the suspension was lifted at the 2009 OAS General Assembly. In order for Cuba to participate again, Cuba must first seek a dialogue with OAS. 186 The 24 member States of OAS that are parties to the American Convention on Human Rights are: Argentina, Barbados, Bolivia (Plurinational State of), Brazil, Chile, Colombia, Costa Rica, Dominica, the Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, 187

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