146 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.

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