Another mechanism for protecting human rights at home is through a regional body, the Organization of American States (OAS). The OAS was formed to advance democratric ideals and discuss regional concerns in the Western hemisphere. Article 1 of its Charter effected in 1951, states, "The American States establish by this Charter the international organization that they have developed to achieve an order of peace and justice, to promote their solidarity, to strengthen their collaboration, and to defend their sovereignty, their territorial integrity, and their independence. Within the United Nations, the Organization of American States is a regional agency." The OAS is divided into two primary human rights bodies, the Inter-American Human Rights Commission (created in 1959) located here in Washington, D.C. and the Inter-American Court (created in1979) located in San Jose, Costa Rica. There are also Inter-American entities specifically addressing women, children, and indigenous concerns.
On March 4, 2005 NLCHP actively participated in the Inter-American Human Rights Commission's thematic hearing on adequate housing. See below for an explanation of thematic hearings.
Above: Ralliers in front of the Inter-American Commission in Washington, D.C. during its hearing on adequte housing in March 2005.
| Using the Inter-American System for Human Rights Protection in the U.S. |
| Because the U.S. has not ratified the Inter-American Convention on Human Rights, which allows for access to the Inter-American Court of Human Rights, U.S. advocates can only bring cases to the Inter-American Commission on Human Rights. The Commission has two different procedures: individual petitions and thematic hearings. |
- Individual Petitions: Individual petitions are akin to civil cases in the U.S. in that you need an individual or multiple petitioners who are protesting violations of their rights. The petition may be brought by the individuals, or by a group on their behalf. There are three key criteria for bringing a petition: 1) timeliness - within six months of the violation (can be anytime if the violation is ongoing); 2) exhaustion of domestic remedies - the petitioner must demonstrate they have attempted to resolve the violation domestically, or that it would be futile to do so; and 3) the same violation has not been submitted to another international body for consideration. After being deemed admissible, the Commission will try to help the parties to reach a friendly agreement. If an agreement cannot be made, the Commission will issue a ruling on the merits of the case. There is no formal enforcement mechanism, and the U.S. often ignores rulings of the Commission, however rulings can be used for moral persuasiveness in ongoing public campaigns.
- Thematic Hearings: Thematic hearings allow groups and individuals to present thematic issues, such as the violation of housing rights in the U.S., to the Commission. Thematic hearings can be used to raise the profile of an issue both domestically and internationally, and are often used to explore the Commission's views on a topic before bringing an Individual Petition. However, while the Commission can comment on violations during the hearing, they will not issue an explicit ruling on the subject of the hearing. Thus, thematic hearings should be approached as part of an overall campaign, with forethought being given to media and other mechanisms to utilize the hearing to its maximum effect.
More information can be found at www.cidh.org. Also read about NLCHP's involvement and testimony at the March 4, 2005 hearing on adequate housing.
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