National evaluation mechanisms are a key component of the overall evaluation process for candidates to the Inter-American Human Rights System (SIDH). In its prior reports, the Panel has made this clear; specifically noting that the development of transparent and participatory national nomination processes, based on the candidates' merits and competencies, contributes to guaranteeing the independence, impartiality, and suitability of the future members of the Inter-American Court.
To this end, the Panel has observed that several states currently have such internal processes. Below, we present (and applaud) the following States for developing policies that foster this level of transparency, independence, and impartiality.
ARGENTINA:
In its 2023 report, the Panel observed that the vacancy for candidates for the Inter-American Commission on Human Rights was published on the website of Argentina's Foreign Ministry. The selection process for Argetina's candidates included a "validation stage," and public hearings that included civil society participation.
Argentina's Selection Committee, composed of different areas of the Foreign Ministry, prepared a technical analysis report. Therein, that Committee informed the Panel that, in its evaluation, it took into account the following criteria, among others:
- Recognized competence and experience in the field of human rights.
- Commitment to international and regional human rights standards
- Knowledge of the Inter-American Human Rights System
- Equal participation of women
- Federal representation; and
- Language skills
This process was institutionalized through Resolution 20/2023 of February 6, 2023.
CHILE:
As referred to in the 2023 report, the Panel was informed that the process for nominating candidates to the SIDH began with a search, carried out by the Ministry of Foreign Affairs, where 4 individuals were pre-selected. According to what was reported by the Chilean government, all of those individuals met the requirements of having high moral authority and recognized knowledge of human rights. Further, the selection of these candidates ensured there was a balance of gender and geographical representation from within the country. The four pre-candidates were then interviewed by a Commission, which was composed of the Director of Human Rights of the Ministry of Foreign Affairs, the Director of Multilateral Affairs of the Ministry of Foreign Affairs, the Ambassador of Chile to the Organization of American States, and the Head of the Protection Department of the Ministry of Justice and Human Rights' Undersecretary of Human Rights. Likewise, the Defender of Children's Rights, as well as a representative of the Director of the National Institute of Human Rights, participated as observers of the process. An official from the Human Rights Division acted as Secretary of the Commission.
Both the Commission members and observers were provided information regarding the academic and professional background of the candidates, to assist them in their evaluation. In their interviews, the pre-candidates answered questions organized around the following topics:
- High moral authority
- Recognized competency in human rights matters
- Independence and Impartiality; and
- Contributions to the SIDH
Commission members and observers then had to grade those answers from 1 (minimum) to 7 (maximum), and were required to leave general comments about each pre-candidate. After the interviews, the Commission Secretariat prepared a report that was sent to the Minister of Foreign Affairs, detailing the grades awarded to each of the pre-candidates, and the comments of the evaluators.
Upon the conclusion of this process, the Minister of Foreign Affairs, in agreement with the President of the Republic, selected the Chilean candidate.
UNITED STATES:
The panel indicated in its 2023 report that it had received information from the United States government, stating that the government had requested feedback from members of civil society and academia, regarding suggestions for who could be nominated to the Inter-American Commission of Human Rights. The United States reportedly used the following criteria.
- Knowledge of public international law, international human rights law, and the SIDH
- Knowledge of the political and social context of Latin America and the Caribbean
- Mastery of Spanish and ideally Portuguese or French as a working language
- Adequate understanding of the US legal system, including domestic law's approach to international law and US positions regarding international human rights obligations
- Diplomatic and interpersonal skills
- The capacity to dedicate sufficient time and energy to the activities of the CIDH
- Ability to serve independently and impartially without affecting dignity or prestige as a commissioner
- Ability to go before the OAS Member States; and
- Strong management skills
According to the information received, the described criteria did not include diversity, equity and inclusion, or accessibility (DEIA). Likewise, in the last selection process, the State Department granted civil society only two weeks to send information or feedback.