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PROMOTING AND PROTECTING MINORITY RIGHTS
investigations of the situation of certain groups, such as women, children, asylum seekers and
migrants, rather than on the general human rights situation in a State. A State is not obligated
to respond directly to the Commission’s conclusions or recommendations, but a public report
by the Commission can be a powerful means of exercising political pressure to improve human
rights. In recent years, the Commission has published only one country report per year, on
average; the most recent have concerned Honduras (2010, 2009), the Plurinational State of
Bolivia (2009, 2007), the Bolivarian Republic of Venezuela (2009, 2003), Haiti (2008, 2005)
and Guatemala (2003, 2001). Where discrimination against minorities is widespread, whether
or not it is legally sanctioned, minority rights defenders should consider (in addition to filing a
formal complaint) contacting the Commission and exploring the possibility of persuading the
Commission to undertake an investigation.
Individual complaints of human rights violations
Any individual, group of individuals or NGO may file a complaint with the Commission alleging
that human rights are being violated in an OAS member State. If the State is a party to the
Convention, the Convention will be the governing law; if not, the rights protected are those set
forth in the Declaration. In neither case is there a requirement that the petitioner be a victim of
a violation, although the petition should refer to specific instances of alleged violations. The
petition may concern a single incident and a single individual or may raise broader concerns
which affect many people.
The complaint should set out the facts in as much detail as possible, including the Government
acts or agents that are being challenged and the human rights considered to have been violated.
The complainant must explain how any available domestic legal remedies have been exhausted.
However, this may be excused if the State has no due process, access to remedies has been
prevented, there is unwarranted delay in the domestic proceedings, or the complainant has been
unable to obtain the necessary legal assistance. The mere fact of being unsuccessful in domestic
proceedings is insufficient, unless the domestic procedure itself violated human rights guarantees
– the Commission is not an appellate body whose task is to review the correctness of domestic
judgements on factual issues. Of course, the case may be examined if the law itself is alleged to
be incompatible with protected rights. The Commission is strict in requiring that a complaint be
filed within six months of the date on which the decision from the highest domestic tribunal was
notified to the victim (or within six months of the incident, if there are no remedies available).
The Commission delivers a formal opinion as to whether a complaint is admissible, that is, whether
it meets all the formal requirements for submission. A preliminary analysis by the Commission
Secretariat will normally result in one of three outcomes: (1) rejection of the petition as being
“manifestly ill founded”, which usually means that the alleged violation is not covered under the
Declaration or Convention; (2) a request for further information; or (3) communication of the
complaint to the State concerned. If the case is urgent and there is a possibility of irreparable
harm to the life or physical integrity of the victim, the Commission may be asked to adopt
“precautionary measures” by requesting the State to not act in a way that would prejudice the
continued existence of the subject matter of the case. For example, the Commission may request
that an execution or deportation be stayed or that the Government refrain from some other action
that would render the complaint moot or cause irreparable damage.
If the State responds, the petitioner has the opportunity to present observations on the response
in writing. If the State does not respond or merely offers a general denial, the Commission
has the authority to deem the facts alleged to be true. At any time, the petitioner (or the State)
may ask for an oral hearing, although the Commission will grant such a request only when it
considers it to be necessary. The Commission will also offer to mediate or facilitate a “friendly
settlement” between the complainant and the State, which must be agreed to by both parties.