Close

The OAS General Assembly usually adopts a resolution on the “Promotion and Protection of Human Rights” every year. Repeatedly for several years now, this resolution includes a chapter on “gender parity, geographic balance and balanced representation of legal systems in the IACHR and the I/A Court.” An analysis of the various resolutions also shows the evolution of the importance of these criteria for the OAS:

The CIM report recommends that, when communicating to the Member States about vacancies and the nomination deadline, the OAS General Secretariat should include information regarding the current composition of the body in terms of the relevant selection criteria and outgoing members, thus reminding the States of the selection requirements and the commitments outlined in the General Assembly resolutions.

It also suggests that, once the nomination deadline has passed, the General Secretariat should inform the States if the group of persons nominated does not meet the necessary characteristics to comply with the desired balance for membership, including the possibility of extending the deadline for the submission of new candidacies that may contribute to a more balanced result.

See par. 109 of the CIM report

Download PDF
Understood

Inter-American Human Rights System of the Organization of American States (OAS)

The Inter-American Human Rights System (IAHRS) of the Organization of American States (OAS) is made up of two main organs: the Inter-American Commission of Human Rights (IACHR) and the Inter-American Court of Human Rights (I/A Court).

Both organs are composed of seven people (“Commissioners” in the case of the IACHR, and “Judges” in the case of the I/A Court). The term of office for the IACHR is four years, and six years for the I/A Court. In both cases, individuals may be nominated for re-election for the same term only once.

IACHR

The IACHR is the main autonomous organ of the OAS. Its function is mainly governed by the OAS Charter, the American Convention on Human Rights (ACHR), el Statute y Rules of Procedure. In compliance with its mandate the IACHR can, among others:

  • Issue resolutions with recommendations on cases of human rights violations and, in case of non-compliance, send them to the I/A Court.
  • Order protection measures.
  • Conduct country visits.
  • Publish thematic and country reports and follow upon specific situations or issues through Rapporteurships.
  • Hold public hearings with the participation of States and civil society.
  • Request Advisory Opinions from the I/A Court.
  • Present information on human rights to other OAS bodies.
i Learn more about the IACHR

I/A Court

The I/A Court is a regional court for the protection of human rights and an autonomous institution whose purpose is to apply and interpret the American Convention on Human Rights (ACHR). In addition to the ACHR, the operation of the I/A Court is governed by its Statute y su Rules of Procedure. Among its main functions, the I/A Court:

  • Resolves contentious cases and oversees a mechanism for monitoring judgements.
  • Responds through Advisory Opinions to requests sent by member states or other OAS organs.
  • Issues measures in cases of extreme severity and urgency and when it is necessary to avoid irreparable damage to people.
i Learn more about the I/A Court
  • · STEP 1 ·
  • requirements
  • · STEP 1 ·
  • requirements
  • · STEP 1 ·
  • requirements

I. Requirements

The requirements to access a position on the IACHR or the I/A Court stem from the ACHR, the respective Statutes of each organ, and various resolutions of the OAS General Assembly.

1. Individual criteria

Individual requirements to serve on the IACHR:
  • High moral character.
  • Recognized competence in the field of human rights.
  • No engagement in activities that may affect the independence, integrity or reputation of the position.
  • Not of the same nationality as the other individuals already serving on the IACHR at the time of the election.
Individual requirements to serve on the I/A Court:
  • High moral character.
  • Recognized competence in the field of human rights.
  • Meets the conditions required for the exercise of the highest judicial functions of the country of which they are national or of the State that nominates them.
  • No engagement in activities that may affect the independence, impartiality or reputation of the position.
  • Not of the same nationality as the other individuals already serving on the I/A Court at the time of the election.

2. Criteria regarding the composition of the organs as a whole

Various resolutions of the OAS General Assembly refer to the importance of ensuring balanced and representative compositions of the IACHR and the I/A Court that contribute to the equality, legitimacy, and greater impact and effectiveness of the IAHRS. States should take these criteria into account both for the nomination of candidates and for the voting of members. Thus, once the above-mentioned individual criteria have been verified, the States must ensure a membership that meets the following criteria:

  • 1. Gender parity
  • 2. Geographical balance
  • 3. Balance of legal systems
  • 4. Representation of different population groups, especially those in vulnerable situations

The content and application of these criteria have been developed by the OAS General Assembly through various resolutions. Learn more about these Resolutions, many of which are promoted by GQUAL and CEJIL.

i Learn more

The criteria of gender parity, geographic and legal systems balance, and representation of different population groups respond to the founding principles of the OAS, including representative democracy, participation, and equality.

In 2022, the General Assembly tasked the Inter-American Commission of Women (CIM) with preparing a report with recommendations to advance in the fulfillment of these criteria. GQUAL and the CIM collaborated to develop this report, which was presented to the General Assembly in 2023. The report, which analyzes the historical representation within OAS bodies for the first time, includes recommendations to ensure gender parity, geographic balance, and a balance of legal systems in the composition of IAHRS bodies.

Access the CIM report Access a summary infographic of the Report Access the annex to the CIM report with representation data
In this interview, we spoke with Alejandra Mora Mora, Executive Secretary of the CIM, about the report and its recommendations.
  • · STEP 2 ·
  • Nomination
  • · STEP 2 ·
  • Nomination
  • · STEP 2 ·
  • Nomination

I. Nomination

The members of the IACHR and the I/A Court are appointed by the OAS General Assembly from a list of persons nominated by the Member States. The States play a crucial role in determining the composition of the organs of the IAHRS, both through the nomination of candidates and through their vote in the General Assembly.

The process has three main stages: the nomination of candidates, the campaign and evaluation of the applications, and the election through the vote in the OAS General Assembly.

A. Selection process

Six months before the regular session of the OAS General Assembly prior to the expiration of the commissioner's or judge's terms, the OAS General Secretariat must request in writing to each Member State to submit nominations within ninety days. Such communication is addressed to all OAS Member States in the case of vacancies on the IACHR, and to the States Parties to the Convention that have accepted the jurisdiction of the Court, in the case of the I/A Court.

Each State may propose up to three candidates, nationals of its State or of any other Member State. When a list of three candidates is proposed, at least one of the candidates must be a national of a State other than the nominating State.

At the end of the nomination period, the General Secretariat shall prepare an alphabetical list of the candidatures received and submit it to the States at least thirty days prior to the General Assembly sessions.

Learn More

Important!

The 54th OAS General Assembly, held in June 2024, approved a new resolution entitled “Promotion of Parity in Elections of Organs, Agencies and Collegiate Entities of the Organization of American States” which introduce amendments to the statutes of four OAS institutions: the Inter-American Court, the IACHR, the Inter-American Juridical Committee, and the Justice Studies Center of the Americas. It also modifies the rules of procedure of the OAS General Assembly.

1

Requests the General Secretariat, prior to each election of members of the OAS organs and institutions, to inform the States of the importance of gender parity, geographic distribution and complementarity of the legal systems in these areas, as well as the number of vacancies available, detailing who will complete their terms and who will continue to hold office, along with the total number of eligible positions.

2

Establishes that, once the nomination period has ended, the General Secretariat must review the gender balance among the nominations presented. If the difference between the number of persons nominated is greater than one, the Secretariat must grant a one-time extension of 10 calendar days to encourage the submission of new nominations. This allows OAS member states to submit nominations whose election may help to achieve gender parity.

B. NATIONAL SELECTION PROCESSES:

Given that the nomination stage largely depends on each Member State’s foreign policy decision, it is crucial that the adoption of this decision considers the applicable selection criteria and is carried out through a transparent process. GQUAL and CEJIL have promoted the development of legal standards, studies, and proposals that establish guidelines for the development of these processes.

Within the framework of the OAS, consecutive General Assembly resolutions (2019, 2020, 2022, 2023 y 2024) establish that States should take steps to move towards the development of national selection processes.

Specifically, the General Assembly has urged Member States to “formalize through national legislation (law, decree, resolution or guideline), a transparent, open and participatory mechanism/procedure that regulates the selection of candidates for international human rights positions and includes gender parity and representativeness as one of the criteria” (See: OAS, General Assembly, Res. 10/22, Part xxvi, Resolution Point 1)

Guidelines for National Selection Processes

This is also a key point developed in the CIM Report, which recommends that national selection processes should have the following characteristics (para. 102):

1

Designate a state entity or agency with the authority to select candidates or establish a selection committee. Aim to reflect gender parity, expertise required for the position to be selected, and representation of underrepresented population groups.

2

This committee should clearly establish and publicize the criteria for the process and for the selection of the ideal person, taking into account the conventional requirements, the principle of equality, and the criteria established by the General Assembly.

3

The process should include an opportunity to publicize the international vacancy and the State's interest in presenting a candidate, which could allow interested persons to self-nominate or be nominated by State entities, civil society, and other sectors. Publicity should be carried out in such a way that the information is widely disseminated across the country and reaches groups of women and underrepresented individuals and groups.

4

The selection body may evaluate the applications received and make a short list of pre-selected persons based on the criteria established for the process.

5

It is recommended to include an opportunity for consultation with the participation of civil society. This would allow for the sharing of candidate profiles, receiving information and input from civil society, and conducting interviews with the people shortlisted for the position.

6

The final decision regarding the person to be nominated should be made and justified according to the established criteria and should be made public.

  • · STEP 3 ·
  • Presentation
  • · STEP 3 ·
  • Presentation
  • · STEP 3 ·
  • Presentation

III. SUBMISSION AND EVALUATION OF APPLICATIONS

At the end of the nomination period, the OAS announces the list of candidates and a “campaign” process begins, which includes the presentation of the candidacies to the different States in order to obtain the necessary votes for the position. This process is not regulated and, therefore, the States usually carry out different actions to promote their candidacies, including events, meetings, country visits, among others. The secret nature of the vote and other factors influence the information available to the public and interested civil society about this stage of the process.

Nevertheless, since 2016, the General Assembly has promoted an important opportunity for the public presentation of the candidates before the Permanent Council of the OAS. This usually takes place about one month prior to the General Assembly where the candidates will be elected. During these sessions, candidates make a general presentation on their background and qualifications for the position and respond to questions from the States.

i Access to the most recent submission of nominations to the PC

Independent panel to evaluate candidates to the IAHRS Bodies

An important development in the IAHRS for this evaluation stage of the applications has been the operation, at the request of civil society and academia, of an Independent Panel of Experts that evaluates the candidacies and issues a report with its conclusions. Supported by the Academy on Human Rights and Humanitarian Law at American University Washington College of Law the Panel interviews the candidates, gathers information from the interested parties, and provides an assessment of each candidate based on the selection criteria and the presence or absence of national selection processes. Additionally, the Panel makes specific recommendations to improve selection processes at the national level and within the OAS.

i Learn more about the Independent Panel
  • · STEP 4 ·
  • Selection
  • · STEP 4 ·
  • Selection
  • · STEP 4 ·
  • Selection

IV. Election of members

The selection of members to the IACHR and the I/A Court is carried out by secret ballot of the Member States during the OAS General Assembly prior to the end of the term of the retiring members.

In the case of the I/A Court, judges are elected by an absolute majority vote of the States Parties to the ACHR that have accepted the court’s contentious jurisdiction. Among the candidates who receive an absolute majority, those with the highest number of votes are considered elected. If necessary, more than one round of voting may be held. In the subsequent rounds, the candidates with the lowest number of votes are successively eliminated, as determined by the States Parties.

For the IACHR, Commissioners are elected by an absolute majority of the votes of the OAS Member States. Among the candidates who receive an absolute majority, those with the highest number of votes are considered elected. As with the Court, when more than one round of voting is necessary, the General Assembly may determine to successively eliminate the candidates with the lowest number of votes.

The practice behind the outcome of the vote often involves an exchange of votes between states. While it is clear that such an exchange must take into account the requirements for selection, the secret nature of the process and of the vote makes it difficult to verify this aspect.


GQUAL argues that States and the OAS should develop clear criteria and guidelines to ensure that voting is conducted in a manner that guarantees a result in accordance with the selection criteria, including gender parity This report summarizes some of our recommendations for the process.

In this regard, the OAS General Assembly has called upon the States “to continue adopting measures that follow the recommendations of the OAS General Assembly aimed at bringing the selection processes for candidates and the selection process in the OAS in line with international standards and the successful experiences that have been developed in other similar organizations”. (See: General Assembly, Resolution AG/CG/doc.10/22 rev. 1, Part xxxvi, Resolution Point 4).

The CIM report also recommends that States develop guidelines in their foreign policy to guide their voting decisions, taking into account the criteria of gender parity, geographic balance and legal systems. Additionally, the CIM recommends that states could commit to electing a candidate of a specific gender if the composition of the body is clearly unequal. (See par. 104 of the report).

1

In the framework of the appointment procedure, keep in mind the actual and historical gender composition of the OAS body, agency or entity concerned and seek to appoint a candidate of the underrepresented gender for each vacancy

2

In appointment procedures, vote for women candidates in successive rounds of voting if the goal of parity or inclusion of the underrepresented sex is not achieved in the first round of voting

3

When voting for candidates to fill renewed positions, vote in accordance with States' obligations under international treaties

We know that reaching this point is a long and complex journey. At GQUAL, we hope that this tool will help to better understand and to improve the processes so that more women lead spaces in international justice.