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BERKELEY, CA. – December 7, 2012 – The Inter-American Commission on
Human Rights (IACHR) is the primary human rights organ of the
Organization of American States (OAS), the oldest regional body in the
world. It serves as the last recourse to justice for people of the
Americas. As part of its mission to promote human rights, the IACHR has
issued emergency orders, called precautionary measures, to protect
thousands from grave harm. However, this response to urgent human
rights situations has recently come under intense scrutiny by OAS Member
States and is the focus of recent proposals to curtail the powers of
the IACHR.
The International Human Rights Law Clinic (IHRLC) in
collaboration with the Center for Justice and International Law (CEJIL)
conducted a comparative study on the use of precautionary measures by
international human rights bodies. The report analyzes the
international legal framework regarding precautionary measures and
compares the standards and practices of the IACHR to those of other
human rights bodies. The report covers legal trends with respect to
sources of authority, procedural mechanisms, and the scope of rights
protected.
The IACHR has used precautionary measures for decades in a
variety of contexts in which individuals were at grave risk of immediate
and irreparable harm. For example, the IACHR has ordered States to
halt executions, safeguard the property rights of indigenous peoples,
and to protect judges, witnesses and human rights defenders.
The study concludes that the approach of the IACHR is
consistent with international practice. The reforms proposed by the
Permanent Council are not required for the IACHR to harmonize its
standards and practices with those developed by all other human right
bodies.
This report was presented at a meeting of civil society
before the OAS Permanent Council on December 7, 2012, at the
headquarters of the regional body in Washington, D.C.
READ THE REPORT HERE – (pdf)