American Convention on Human Rights 8

American Convention on Human Rights

 

CHAPTER IX. COMMON PROVISIONS

Article 70. 1. The judges of the Court and the members of the Commission
shall enjoy, from the moment of their election and throughout their term of
office, the immunities extended to diplomatic agents in accordance with
international law. During the exercise of their official function they
shall, in addition, enjoy the diplomatic privileges necessary for the
performance of their duties.

2. At no time shall the judges of the Court or the members of the Commission
be held liable for any decisions or opinions issued in the exercise of their
functions.

Article 71. The position of judge of the Court or member of the Commission
is incompatible with any other activity that might affect the independence
or impartiality of such judge or member, as determined in the respective
statutes.

Article 72. The judges of the Court and the members of the Commission shall
receive emoluments and travel allowances in the form and under the
conditions set forth in their statutes, with due regard for the importance
and independence of their office. Such emoluments and travel allowances
shall be determined in the budget of the Organization of American States,
which shall also include the expenses of the Court and its Secretariat. To
this end, the Court shall draw up its own budget and submit it for approval
to the General Assembly through the General Secretariat. The latter may not
introduce any changes in it.

Article 73. The General Assembly may, only at the request of the Commission
or the Court, as the case may be, determine sanctions to be applied against
members of the Commission or judges of the Court when there are justifiable
grounds for such action as set forth in the respective statutes. A vote of
a two-thirds majority of the member states of the Organization shall be
required for a decision in the case of members of the Commission and, in the
case of judges of the Court, a two-thirds majority vote of the States
Parties to the Convention shall also be required.

PART III. GENERAL AND TRANSITORY PROVISIONS

CHAPTER X. SIGNATURE, RATIFICATION, RESERVATIONS, AMENDMENTS,
PROTOCOLS, AND DENUNCIATION

Article 74. 1. This Convention shall be open for signature and ratification
by or adherence of any member state of the Organization of American States.

2. Ratification of or adherence to this Convention shall be made by the
deposit of an instrument of ratification or adherence with the General
Secretariat of the Organization of American States. As soon as eleven states
have deposited their instruments of ratification or adherence, the
Convention shall enter into force. With respect to any state that ratifies
or adheres thereafter, the Convention shall enter into force on the date of
the deposit of its instrument of ratification or adherence.

3. The Secretary General shall inform all member states of the Organization
of the entry into force of the Convention.

Article 75. This Convention shall be subject to reservations only in
conformity with the provisions of the Vienna Convention on the Law of
Treaties signed on May 23, 1969.

Article 76. 1. Proposals to amend this Convention may be submitted to the
General Assembly for the action it deems appropriate by any State Party
directly, and by the Commission or the Court through the Secretary General.

2. Amendments shall enter into force for the states ratifying them on the
date when two-thirds of the States Parties to this Convention have deposited
their respective instruments of ratification. With respect to the other
States Parties, the amendments shall enter into force on the dates on which
they deposit their respective instruments of ratification.

Article 77. 1. In accordance with Article 31, any State Party and the
Commission may submit proposed protocols to this Convention for
consideration by the States Parties at the General Assembly with a view to
gradually including other rights and freedoms within its system of
protection.

2. Each protocol shall determine the manner of its entry into force and
shall be applied only among the States Parties to it.

Article 78. 1. The States Parties may denounce this Convention at the
expiration of a five-year period starting from the date of its entry into
force and by means of notice given one year in advance. Notice of the
denunciation shall be addressed to the Secretary General of the
Organization, who shall inform the other States Parties.

2. Such a denunciation shall not have the effect of releasing the State
Party concerned from the obligations contained in this Convention with
respect to any act that may constitute a violation of those obligations and
that has been taken by that state prior to the effective date of
denunciation.

CHAPTER XI. TRANSITORY PROVISIONS

Section 1. INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

Article 79. Upon the entry into force of this Convention, the Secretary
General shall, in writing, request each member state of the Organization to
present, within ninety days, its candidates for membership on the Inter-
American Commission on Human Rights. The Secretary General shall prepare a
list in alphabetical order of the candidates presented, and transmit it to
the member states of the Organization at least thirty days prior to the next
session of the General Assembly .

Article 80. The members of the Commission shall be elected by secret ballot
of the General Assembly from the list of candidates referred to in Article
79. The candidates who obtain the largest number of votes and an absolute
majority of the votes of the representatives of the member states shall be
declared elected. Should it become necessary to have several ballots in
order to elect all the members of the Commission, the candidates who receive
the smallest number of votes shall be eliminated successively, in the manner
determined by the General Assembly .

Section 2. INTER-AMERICAN COURT OF HUMAN RIGHTS

Article 81. Upon the entry into force of this Convention, the Secretary
General shall, in writing, request each State Party to present, within
ninety days, its candidates for membership on the Inter-American Court of
Human Rights. The Secretary General shall prepare a list in alphabetical
order of the candidates presented and transmit it to the States Parties at
least thirty days prior to the next session of the General Assembly.

Article 82. The judges of the Court shall be elected from the list of
candidates referred to in Article 81, by secret ballot of the States Parties
to the Convention in the General Assembly. The candidates who obtain the
largest number of votes and an absolute majority of the votes of the
representatives of the States Parties shall be declared elected. Should it
become necessary to have several ballots in order to elect all the judges
of the Court, the candidates who receive the smallest number of votes shall
be eliminated successively, in the manner determined by the States Parties.

STATEMENTS AND RESERVATIONS

Statement of Chile

The Delegation of Chile signs this Convention, subject to its subsequent
parliamentary approval and ratification, in accordance with the
constitutional rules in force.

Statement of Ecuador

The Delegation of Ecuador has the honor of signing the American Convention
on Human Rights. It does not believe that it is necessary to make any
specific reservation at this time, without prejudice to the general power
set forth in the Convention itself that leaves the governments free to
ratify it or not.

Reservation of Uruguay

Article 80.2 of the Constitution of Uruguay provides that citizenship is
suspended “for a person indicted according to law in a criminal prosecution
that may result in a sentence of imprisonment in a penitentiary”. This
restriction on the exercise of the rights recognized in Article 23 of the
Convention is not envisaged among the circumstances provided for in this
respect by paragraph 2 of Article 23, for which reason the Delegation of
Uruguay expresses a reservation on this matter.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, whose full powers
were found in good and due form, sign this Convention, which shall be called
“Pact of San Jose, Costa Rica”, (in the city of San Jose, Costa Rica, this
twenty-second day of November, nineteen hundred and sixty-nine.)

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

American Convention on Human Rights, Treaties.


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