A/HRC/15/39
in 1959) held four meetings a year, each one to two weeks in duration. Article 9 of the
Commission’s Statute was referred to, which provided the Commission with the mandate to
develop awareness, make recommendations to Governments, prepare studies or reports,
request Governments to supply information regarding measures adopted pertaining to
human rights, and serve as an advisory body to the Organization of American States.
27. The speaker took note of the evolutionary nature of the Commission, referring to the
first on-site visit of the Commission in 1961 (to the Dominican Republic) and the
expansion of its mandate in 1965 allowing it to receive, analyse, investigate and make
recommendations on individual petitions. She looked in more detail at the important areas
of work that had been conducted by the Commission over the years, such as the writing of
country reports, the processing of individual petitions, the hearings held by the
Commission, the issuance of precautionary measures, and the role it played following the
establishment of the Inter-American Court of Human Rights in 1979. In its role of referring
cases to the Inter-American Court of Human Rights, the Commission rejected
approximately 90 per cent of complaints, as they failed to meet the minimum criteria for
admissibility, which were the exhaustion of domestic remedies, a six-month statute of
limitations, the requirement that a petition cannot be pending in another international
proceeding, and that the facts refer to a violation of the American Convention on Human
Rights or the American Declaration of the Rights and Duties of Man. If a case reached a
friendly settlement, the terms of settlement were published in an annual report. The speaker
emphasized that people more often go to the regional court rather than United Nations
bodies, as the Inter-American Commission on Human Rights was more responsive in terms
of making reparations for requesting parties. Ms. Cerna also referred to other instruments
and mechanisms that made up the Inter-American human rights system, including a system
of special rapporteurs established to address thematic human rights issues, including
freedom of expression, the rights of indigenous peoples, the rights of women, the rights of
children, the rights of persons of African descent and against racial discrimination, the
situation of migrant workers and their families, and persons deprived of liberty.
28.
The last presentation, by Mr. Christof Heyns, compared the regional human rights
systems in Africa, the Americas and Europe. His presentation highlighted the four common
features of credible regional human rights systems: (a) each are part of a comprehensive
intergovernmental organization and pursue the human rights objectives of those
organizations; (b) all have a strong legal basis, (c) all engage in monitoring work; and (d)
and all have a mandate for human rights promotion and protection, with individuals able to
lodge complaints.
29.
The speaker outlined the substantive norms covered in the different regional human
rights instruments, emphasizing that the African Charter on Human and Peoples’ Rights
was the only instrument to refer to peoples’ rights. He compared the ratification of United
Nations human rights instruments in the different regions, observing that Asia and Oceania
lagged behind the other regions. He highlighted the human rights elements of the
constitutive instruments of the parent bodies in the different regions, namely the African
Union, the Organization of American States and the Council of Europe. He described the
criteria for the appointment of members for the different regional human rights
mechanisms, and the requirement for independence and impartiality. For instance, in the
African Commission the Interim Rules of Procedure specified that the position of a member
of the Commission was incompatible with any activity that might interfere with his or her
independence or impartiality, such as serving as a member of Government or a diplomatic
representative. The speaker also compared the complaints procedures of the three regional
systems, highlighting that all required the exhaustion of local remedies and that the same
complaint was not being considered by another body. The speaker outlined the reporting
requirements of the three systems, both for reporting by States and reporting on States, and
gave an overview of the special procedures mechanisms that had been established. He also
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