Inter-American Commission on Human Rights (IACHR): functions, procedures, and role in the protection of human rights

What is the Inter-American Commission on Human Rights (ACHR)?

IACHR, the Inter-American Commission on Human Rights, is an autonomous body within the Organization of American States (OAS), whose main task is to protect and promote human rights on the American continent. Created in 1959, the Inter-American Commission has become the most important element of the system of regional protection of individual rights and freedoms, providing citizens of OAS member states with the opportunity to defend their rights at the international level.

History of creation and meaning

The IACHR was established at the Inter-American Conference in Santiago (Chile) as a consultative body. And in 1960 it began its actual work. Since 1965, the Inter-American Commission has been authorized to receive and consider individual complaints from citizens claiming to have been victims of human rights violations. In 1969, as part of the adoption of the American Convention on Human Rights (San José Pact), the status of the commission was further consolidated.

This Inter-American system operates based on the OAS Charter, its own Rules of Procedure, and the provisions of the American Convention on Human Rights, ratified by most countries in the region.

Mandate and Main Functions

The Inter-American Commission’s mandate and functions include:

• Analysis and consideration of complaints of human rights violations;
• Submitting recommendations to Member States;
• Monitoring the human rights situation in the countries of the region;
• Conducting thematic reports;
• On-site visits to establish facts of violations;
• Referral of cases to the Inter-American Court of Human Rights (if the offending country ratifies the jurisdiction of this court).

The Commission accepts individual and collective petitions, holds hearings, and, if necessary, may issue precautionary measures if a person’s life or health is in immediate danger.

The Inter-American system plays a key role in the development of a regional legal protection mechanism in the Americas. Its work helps to compensate for gaps in national justice systems, especially in countries where domestic remedies have proven ineffective. The Inter-American Commission also promotes international standards in areas such as women’s rights, indigenous peoples, migrants, LGBT rights, freedom of expression, and protection from abuse.

Organizational structure and composition of the IACHR

The IACHR is composed of seven independent commissioners, experts in international human rights law. These commissioners are elected by the OAS General Assembly for a term of four years, renewable once. Each representative must be a citizen of one of the OAS member countries, but is independent in his or her decisions and does not represent the government of his or her country.

Candidates for the post of Commissioner must have high qualifications in the field of law. During the voting in the General Assembly, geographical, legal, and gender balance is taken into account so that the Commission remains as representative as possible.

Members of the Commission and their role

Each Commissioner can be appointed as a Special Rapporteur on a specific topic, such as women’s rights, migrants, LGBT+, indigenous peoples, or freedom of expression. These mandates allow them to focus on systemic issues and prepare thematic reports, recommendations, and legal interpretations.

The Chairman of the Commission (IACHR President) and two deputies (First Vice President and Second Vice President) are elected by internal vote of the members of the Commission for one year. They coordinate the work, convene sessions, and represent the Commission at international forums.

For the day-to-day work and processing of citizens’ requests, the IACHR has a Secretariat headed by an Executive Secretary. He has lawyers, experts, analysts, administrative and technical staff subordinate to him, distributed among various departments and thematic areas. They are the ones who review petitions, conduct legal analysis, prepare hearings, and conduct visits.

Jobs and Internships at IACHR

The Inter-American Commission on Human Rights is open to cooperation with lawyers, researchers, and specialists in international law and human rights. The Commission regularly publishes vacancies and internship programs on its official website. This is an opportunity for young professionals to gain unique experience in an international organization, take part in the consideration of real cases, and contribute to the protection of human rights.

Internships are available both in Washington, D.C. (where IACHR is headquartered) and remotely. They are especially relevant for undergraduate, graduate, and postgraduate students who speak English and/or Spanish.

IACHR Procedures and Rules of Operation

Any natural or legal person who believes that his or her rights have been violated by one of the OAS member countries may file a petition with the IACHR. The main conditions for accepting a complaint are:

1. The applicant must exhaust all available domestic remedies unless they are unavailable or ineffective;
2. The complaint must be filed within 6 months of the final internal decision;
3. The violations must concern rights enshrined in the American Declaration (for states that have not ratified the American Convention) or the American Convention on Human Rights.

The petition is submitted in writing and can be sent by email or via the commission’s online portal. Mandatory elements: facts of the case, indication of violated rights, evidence, information about previous court instances, contact information.

Case review procedure: stages and deadlines

Once a petition is registered, the IACHR reviews its admissibility. If the complaint is admissible, the merits phase begins, during which the commission may:

1. Request information from the parties.
2. Address questions to the respondent State.
3. Offer the parties an amicable settlement.
4. Prepare a substantive report containing legal analysis and recommendations according to humanitarian law.

If the state does not comply with the recommendations voluntarily, the case may be referred to the Inter-American Court of Human Rights (if the state has accepted its jurisdiction). The entire procedure is subject to the principle of adversarial proceedings, impartiality, and compliance with the time limits established by the human rights rules.

Public hearings

The Inter-American Commission on Human Rights holds public hearings on serious and urgent cases, as well as on general issues (situation of migrants, freedom of the press, discrimination). These hearings take place during the formal sessions of the Commission (usually twice a year), with the participation of applicants, representatives of States, experts, and NGOs.

The hearing may be initiated by either the applicant or the commission on its own initiative. The hearing materials are published on the official website, which promotes transparency and international attention to the problem.

Advisory opinions

In addition to individual cases, the Inter-American Commission on Human Rights has the power to issue Advisory Opinions. These are official interpretations of human rights norms that can be requested by OAS member states, other organs of the system, or at the initiative of the Commission itself. Advisory opinions cover key issues: from freedom of expression to guarantees of Inter-American court proceedings, the rights of women and indigenous peoples. Although they are not binding, in practice, states and courts use them in law enforcement and legislative development.

Inter-American Commission on Human Rights procedures are strictly regulated, and errors in filing petitions or participating in hearings can lead to refusal or delays in the case. Our team will help you correctly file a complaint, provide legal support during all stages of the procedure, and represent your interests before the IACHR. We work with cases of any complexity and are ready to protect your rights at the international level.

Significant Cases and Precautions IACHR

The IACHR has taken measures against Guatemala on several occasions. In August 2024, emergency measures were taken for human rights defender Gustavo Yacson and his family, as well as for Judge Miguel Angela Galvez, who faced threats and harassment. In addition, in 2010, the commission protected representatives of Mayanskikh communities protesting against mining operations, asking the government to stop operations and protect their ecosystem.

Following the 2018 elections and repression in Nicaragua, the Inter-American Commission issued measures to protect activists, including opposition figure Tamara Dávila. In February 2025, the commission updated and expanded the measures for political activists who had been persecuted.

If you are at risk of reprisals or face risks in countries in the region, our team can help you file a complaint, ensure an urgent response, and represent your interests in regional and international arenas.

Financial status and challenges of IACHR

According to official data, the IACHR has been regularly facing a lack of funds since 2016. In June of that year, the commission publicly announced that it had been forced to cancel all planned country visits and postpone its 159th session due to a lack of funding. Some staff members even risked losing their positions. This set a worrying precedent: for the first time, a body designed to protect human rights was on the verge of paralysis due to budgetary constraints.

The main reason is the limited contributions of OAS member states, which form the basic budget. At the same time, a significant part of operating expenses is covered by voluntary donations, including from European states and international foundations. This model makes the IACHR vulnerable to political fluctuations and economic crises.

Support from OAS

The Organization of American States officially provides the mandate and institutional framework for the IACHR. However, core funding from the OAS remains extremely limited: the commission receives less than 6% of the total OAS budget. This is despite the fact that the number of cases, complaints, and urgent petitions is constantly growing, as is the demand for precautionary measures in crisis regions.

Despite political statements about the importance of protecting human rights, many member states have been slow to increase their contributions. As a result, the commission continues to operate under a constant lack of resources, which affects its efficiency, the number of cases examined, and the ability to conduct monitoring visits.

Annual reports and public information

One of the main tools for informing the public is the annual reports. These documents allow monitoring the state of human rights in the countries of the region, analyzing the effectiveness of the measures taken by the commission, and recording key challenges. Each year, the commission publishes an extensive document in which:

1. Analyzes the human rights situation in OAS member states;
2. Summarizes the results of its own activities: the number of petitions submitted, hearings held, and precautionary measures issued.
3. Provides thematic reviews – for example, on issues of freedom of expression, women’s rights, migration, or human rights;
4. Makes recommendations to countries in the region based on the data collected.

For example, the 2018 Annual Report included separate chapters on Nicaragua, Venezuela, and Mexico, focusing on the crises, repression, and violations in these countries. It also provided an overview of the thematic mandates of the Special Rapporteurs, statistics on appeals, and the results of interaction with other international organizations.

All official information and documents are published on official portal of IACHR. The “Reports” section includes:

• Annual Reports (since 1961),
• Country Reports (reports on specific countries),
• Thematic Reports (for specific categories of rights),
• Reports on Precautionary Measures (on the temporary protection of individuals and groups).

The reports can also be accessed through the Document Center of the Inter-American Commission archive, where you can use filters by date, subject, and publication format.

How can we help you?

Our law firm provides a full range of services in matters related to IACHR, starting from initial consultations and ending with comprehensive support at all stages of consideration.

We will help you determine if your case is suitable for filing with the IACHR and assess the prospects for consideration. We will explain what human rights violations can be recorded in the petition and what evidence will carry the most weight.

Our lawyers prepare all necessary documents in strict accordance with the IACHR Rules of Procedure. We collect evidence, translate and prepare documents, develop a legal position, and substantiate the violation of the provisions of the American Convention on Human Rights.

During the case review stage, our team interacts with the Commission on behalf of the client: submitting explanations, responding to requests, attending hearings, and seeking urgent precautionary measures. We provide permanent representation, even if you are located in another country.

Our assistance is not limited to filing documents. We accompany clients throughout the entire process: from case registration to decision-making and its execution, including possible interactions with government agencies, courts, and NGOs.

Contact us if you have experienced a human rights violation and wish to file a complaint with the IACHR. We will provide professional support, advocacy, and assistance in the most difficult situations.