Regional systems
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Such a settlement might include, for example, the payment of compensation, release of a person
from prison or even State agreement to amend a law or practice.
If there is no friendly settlement, the Commission deliberates in private and eventually prepares
a report, including conclusions and recommendations, on the case. After a three-month
waiting period, during which time the report is sent on a confidential basis to the State and
the complainant, the report is either transmitted to the Court for consideration or published and
printed in the Commission’s annual report to the OAS General Assembly. The Commission’s
report is not legally binding on the State concerned, and the Commission cannot directly order
the release of a prisoner, payment of compensation or amendment of a law that violates human
rights. However, the Commission can (and does) give its opinion as to whether the Declaration
or Convention has been violated and makes specific recommendations to States. Since States’
records of compliance are far from consistent, the petitioner or an NGO may need to pressure
the State to adopt the Commission’s recommendations.
The process may take two years or longer, as a lack of resources makes it difficult to deal
expeditiously with up to 1,000 pending cases. A favourable opinion from the Commission
represents, at the very least, an important moral and political victory, and the process itself may
encourage the State to consider meeting the complainant’s demands even before a final report
is adopted. Not many individual cases have dealt with minority issues per se, although cases
concerning indigenous peoples are increasingly common.
Rapporteurship on the Rights of Afro-descendants and against Racial Discrimination
In 2005, the Commission created a Rapporteurship on the Rights of Afro-descendants and against
Racial Discrimination to encourage, systematize, reinforce and consolidate the Commission’s
actions in this area.189 The Rapporteur works with OAS member States in order to:
• Raise awareness of States’ duties with respect to the human rights of Afro-descendants
and the elimination of all forms of racial discrimination;
• Analyse the current challenges which confront countries of the region in this area,
formulate recommendations designed to address those challenges and identify and
share best practices;
• Monitor and provide technical assistance, upon the request of a member State.
Within the Commission, the Rapporteur seeks to ensure compliance with the mandates of the
OAS General Assembly related to Afro-descendants, racism and racial discrimination. The
Rapporteur supports the work of the Commission by:
• Preparing reports and special studies on the rights of Afro-descendants and on issues
pertaining to the elimination of racial discrimination;
• Reviewing and analysing complaints of racism and racial discrimination received by the
Commission and offering opinions and recommendations to the Commission;
• Making recommendations to the Commission regarding hearings to be granted and
participating with the Commission in such hearings;
• Assisting the parties in reaching a settlement;
• Initiating consultations and presenting recommendations to member States regarding
the modification of legislation related to the rights of Afro-descendants and racial
discrimination;
• Accompanying the Commission in its on-site visits;
• Helping to draft admissibility decisions and reports on the merits in contentious cases, as
See www.oas.org/en/iachr/afro-descendants/default.asp (accessed 6 December 2012).
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