Part II: Means
of Protection
Chapter 6: Competent Organs
Article 33
The following organs shall have competence with respect to matters relating to the
fulfillment of the commitments made by the States Parties to this Convention:
1.the Inter-American Commission on Human Rights, referred to as "The
Commission;" and
2.the Inter-American Court of Human Rights, referred to as "The Court."
Chapter 7: Inter-American Commissionon Human Rights
Section 1. Organization
Article 34
The Inter-American Commission on Human Rights shall be composed of seven members, who
shall be persons of high moral character and recognized competence in the field of human
rights.
Article 35
The Commission shall represent all the member countries of the Organization of American
States.
Article 36
1.The members of the Commission shall be elected in a personal capacity by the General
Assembly of the Organization from a list of candidates proposed by the governments of the
member states.
2.Each of those governments may propose up to three candidates, who may be nationals of
the states proposing them or of any other member state of the Organization of American
States. When a slate of three is proposed, at least one of the candidates shall be a
national of a state other than the one proposing the slate.
Article 37
1.The members of the Commission shall be elected for a term of four years and may be
reelected only once, but the terms of three of the members chosen in the first election
shall expire at the end of two years. Immediately following that election the General
Assembly shall determine the names of those three members by lot.
2.No two nationals of the same state may be members of the Commission
Article 38
Vacancies that may occur on the Commission for reasons other than the normal expiration
of a term shall be filled by the Permanent Council of the Organization in accordance with
the provisions of the Statute of the Commission.
Article 39
The Commission shall prepare its Statute, which it shall submit to the General Assembly
for approval. It shall establish its own Regulations.
Article 40
Secretariat services for the Commission shall be furnished by the appropriate
specialized unit of the General Secretariat of the Organization. This unit shall be
provided with the resources required to accomplish the tasks assigned to it by the
Commission.
Section 2. Functions
Article 41
The main function of the Commission shall be to promote respect for and defense of
human rights. In the exercise of its mandate, it shall have the following functions and
powers:
1.to develop an awareness of human rights among the peoples of America;
2.to make recommendations to the governments of the member states, when it considers
such action advisable, for the adoption of progressive measures in favor of human rights
within the framework of their domestic law and constitutional provisions as well as
appropriate measures to further the observance of those rights;
3.to prepare such studies or reports as it considers advisable in the performance of
its duties;
4.to request the governments of the member states to supply it with information on the
measures adopted by them in matters of human rights;
5.to respond, through the General Secretariat of the Organization of American States,
to inquiries made by the member states on matters related to human rights and, within the
limits of its possibilities, to provide those states with the advisory services they
request;
6.to take action on petitions and other communications pursuant to its authority under
the provisions of Articles 44 through 51 of this Convention; and
7.to submit an annual report to the General Assembly of the Organization of American
States.
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