Regional systems
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Article 20 of the Declaration guarantees the right to vote and to participate in the Government
of one’s country, although article 23 of the Convention permits these rights to be limited on the
basis of, inter alia, language.
Article 22 of the Declaration guarantees freedom of association “to promote, exercise and protect
[one’s] legitimate interests of a political, economic, religious, social, cultural, professional, trade
union or other nature”. Article 16 of the Convention is a similar provision.
Inter-American Commission on Human Rights
The Commission consists of seven independent experts, nominated by States and elected by
the OAS General Assembly.188 It meets in Washington, D.C., in ordinary and special sessions
several times a year (the length and frequency of meetings are determined by the members of
the Commission and may change). It may hold hearings at any time on cases or subjects of
concern. Many of the hearings include the participation of individuals, NGO representatives
and Governments and are now broadcast on the Commission’s website. The Commission holds
thematic hearings (e.g., on climate change and the impact of large dam projects on human
rights), although on an irregular basis. It may conduct on-site visits, but only with the consent or
at the invitation of the State concerned.
The Commission’s jurisdiction is very broad, covering every OAS member State and extending
to the preparation of country-specific reports, the investigation of individual complaints about
human rights violations and bringing cases to the Inter-American Court of Human Rights (if
the State concerned has accepted the Court’s jurisdiction). The Commission exercises similar
authority under the Declaration (applicable to all OAS member States) and the Convention
(applicable only to States parties). For a legal matter, it is important to know under which
instrument the Commission is being asked to act, but practice and procedure are similar under
both. The Commission’s authority is governed by its statute and rules of procedure. Because of
the small size of both the Commission and its staff, procedures may be subject to delay and may
be less formal than, for example, those under the European Convention on Human Rights (see
chap. XII).
Country reports
Perhaps the most unusual and effective authority of the Commission is its ability to initiate an
investigation into the human rights situation in any OAS member State, either in response to
information received or at its own initiative. Such an investigation is launched only when the
Commission decides, by a majority, that it is warranted, and there is no way of mandating that
the Commission initiate a study. Neither individuals nor NGOs have a formal role to play in
this process, but information supplied by them generally provides the basis for the Commission’s
decision to initiate an investigation and report.
The Commission may gather information in any way it sees fit, including through hearings or
direct testimony. It usually requests the State concerned to authorize an on-site visit, during which
Commission members meet with individuals, NGOs and Government representatives. Such a
visit usually garners a great deal of publicity within the country and thus provides an excellent
opportunity for minorities to present their concerns directly to the Commission.
The Commission’s reports are almost always published, and include information on the country’s
legal system and social condition, as well as on the human rights issues of concern. A report
may address the conditions of minorities within a State, as did the March 2009 investigation into
Afro-descendants in Colombia. In recent years, the Commission has focused on more targeted
See www.cidh.oas.org/DefaultE.htm (accessed 6 December 2012).
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