Initiatives & Programs

Frequently Asked Questions

Member States of the Organization of American States (OAS) have established a process for the renewal of members of the Inter-American Court of Human Rights (IACtHR) and the Inter-American Commission on Human Rights (IACHR), two regional bodies that are and have been crucial for the defense of rights, fundamental freedoms, and democracy in the Americas. However, the nomination and selection processes for these positions have often lacked transparency and sufficient mechanisms for public participation. Since 2015, an Independent Panel of Experts has been convened to assess candidates, with the process culminating in the publication of a “Final Report.”

1. Why are the elections of new commissioners to the IACHR and new judges to the IACtHR important?

The elections of new commissioners to the IACHR and judges to the IACtHR are crucial for the protection of human rights in the Americas. The IACHR is the OAS's principal autonomous body, dedicated to promoting and protecting human rights across the region. It is composed of seven independent members who serve in a personal capacity. Meanwhile, the IACtHR's judges are responsible for interpreting and applying the American Convention, resolving contentious cases, and issuing advisory opinions. Judges who sit on this court must be of high moral authority, independent, and possess sufficient knowledge of, and commitment to, human rights.

2. What are the requirements to be elected to the IACHR and the IACtHR?

To be elected to the IACHR, a candidate must have high moral authority, recognized competence in the field of human rights, and be independent, impartial, and free from conflicts of interest. Additionally, States must consider the candidate's potential contribution to the Commission in terms of gender, geographical representation, and diversity of legal systems and population groups.

For the IACtHR, the requirements are similar: candidates must have high moral authority, independence, impartiality, and to have a background and recognized competence in the field of human rights. States must also take into account the candidate's contribution to gender, geographic, and legal diversity, as well as representation of different population groups.

3. How are the candidates selected for the IACHR and the IACtHR?

For the IACHR, candidates are nominated by OAS Member States, with each State allowed to propose up to three candidates, who can be nationals of their own country or any other Member State. If a State proposes three candidates, at least one must be from a different Member State. The General Assembly of the OAS then elects the new Commission members by secret ballot, and those receiving the highest number of votes and the absolute majority are declared elected.

For the IACtHR, States are authorized to nominate three candidates per vacancy. The General Assembly of the OAS then elects from among these candidates, also by secret ballot. Again, the candidates who receive the highest number of votes and an absolute majority are elected.

4. Why an Independent Panel of Experts for the evaluation of candidates?

The Independent Panel of Experts aims to bring transparency to the selection process, which is crucial for the protection of human rights in the region. It does this by evaluating candidates based on objective criteria and a predefined methodology, while keeping both States and the general public informed. Additionally, the Panel provides recommendations to improve the overall process.

5. Why is it convened by civil society, and how is the independence of the Panel guaranteed?

The Panel is convened by the Center for Justice and International Law, the Due Process of Law Foundation, and the Open Society Justice Initiative. Launched in 2015 and supported by human rights organizations across the Americas, this initiative operates in the absence of a similar mechanism developed by the OAS, drawing inspiration from similar experiences used in other international tribunals. Panel members receive no financial compensation and have no dependency on the convening organizations. They independently design their methodology and evaluation criteria. The Panel also maintains transparency through information channels that allow it to gather input from civil society, send questionnaires to candidates, and conduct interviews. The American University Washington College of Law, acting as the Secretariat, contributes to ensuring the Panel's independence.

6. Who are the members of the Panel?

The Panel is composed of recognized jurists in the field of human rights. Each edition features a different group of experts, ensuring diverse and specialized knowledge for evaluating candidates.

7. What is the value of the Panel's report?

The report of the Independent Panel is the only independent and participatory evaluation of the candidates. While States are not legally obligated to adopt its recommendations or consider the evaluations, the report serves to objectively inform their final decision.