Regional systems 147 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). 189

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