Regional systems
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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.
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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,
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