IACHR

Press Release

IACHR Welcomes Progress Made in 2018 Toward Compliance with Friendly Settlements

March 26, 2019

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Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) is happy to report that, in 2018, it identified six approved friendly settlements that had attained full compliance. The IACHR therefore decided to stop supervising those settlements.

Those reports are mentioned in the Commission’s 2018 Annual Report: Case 12,710, Report 102/14, Marcos Gilberto Chaves and Sandra Chaves, Argentina; Case 12,745, Report 97/05, Alfredo Díaz Bustos, Bolivia; Case 12,769, Report 65/14, Irineo Martínez Torres y Candelario, Mexico; Petition 288-08, Report 69/16, Jesús Salvador Ferreyra González, Peru; Petition 1339-07, Report 70/16, Tito Guido Gallegos Gallegos, Peru; and Case 12,383, Report 137/17, Néstor Alejandro Albornoz Eyzaguirre, Peru.

Concerning the degree of compliance with the provisions and measures stipulated in approved settlements, the Commission notes that progress was made in the implementation of 106 measures (with 69 reparation measures attaining total compliance, 20 reparation measures attaining substantial partial compliance, and 17 reparation measures attaining partial compliance). Of the 106 measures where progress was made in 2018, 48 were structural and 58 were individual measures. The IACHR observed a significant improvement in full compliance with reparation measures, compared to the 16 provisions where full compliance had been attained in 2017.

In its 2018 Annual Report, the IACHR observed that the countries that saw the most progress in measure implementation were Colombia (where 29 measures were implemented in 2018); Argentina (where 26 provisions were implemented); Peru (where 23 measures stipulated in friendly settlements were implemented); and Guatemala (where major progress was made in 12 reparation measures). Other countries that showed progress in the implementation of settlements they had signed were Mexico (where full compliance was attained concerning three measures); Chile (where full compliance was attained regarding four provisions); and Brazil and Venezuela (that attained full implementation of three provisions each).

The Commission appreciates the efforts made by the States of Argentina, Bolivia, Brazil, Chile, Colombia, Guatemala, Mexico, Peru and Venezuela. The IACHR congratulates those countries on progress made to implement friendly settlements containing the commitments they made in agreement with victims and their families, and on compliance with the IACHR’s decisions to approve such settlements. (To access compliance details, please go to the Appendix.)

In the 2018 Annual Report, five new issues were accepted for monitoring. Four of them were at the partial compliance stage, while another one shows full compliance. Those issues were the following: Case 12,854, Report 36/17, Ricardo Javier Kaplun, Argentina; Case 12,712, Report 135/17, Rubén Darío Arroyave, and Case 12,714, Report 137/17, Belén Altavista massacre, Colombia; Case 12,627, Report 92/17, María Nicolasa García Reynoso, Mexico; and Case 12,383, Report 137/17, Néstor Alejandro Albornoz Eyzaguirre, Peru.

Finally, six approval reports were issued in 2018 that are set to be monitored in the 2019 Annual Report: Petition 687/11, Report 138/18, Gabriela Blas Blas and her daughter C.B.B., Chile; Case 12,941, Report 92/18, Nicolasa and family, and Petition 799/06, Report 93/18, Isidoro León Ramírez and others, Colombia; Case 12,957, Report 167/18, Bolívar Hernández, Ecuador; Case 12,699, Report 130/18, Pedro Antonio Centurión, Paraguay; and Petition 1516/08, Report 123/18, Juan Figueroa Acosta, Peru. In this context, the Commission commends the work done by the States of Chile and Paraguay, who attained substantial compliance of the friendly settlements mentioned above. The IACHR asks them to prioritize those issues in 2019, so full compliance can be established in the next Annual Report.

Chapter II.G.3 in the IACHR’s Annual Report reflects the adoption of new work methods, to comply with the strategic goal of expanding the friendly settlement mechanism, as stated in the IACHR’s Strategic Plan 2017-2021. One of the new methods adopted is the redesign of Chapter II.G.3, to enable a more profound analysis of each case, along with greater visibility for improvements and challenges concerning compliance with IACHR decisions on petitions and cases. Further, in the context of its policy to expand the friendly settlement mechanism, the IACHR increased the number of working meetings, enabling 40 spaces for dialogue during 2018 to promote negotiation and implementation of friendly settlements in connection with various issues in Argentina, Bolivia, Brazil, Chile, Colombia, El Salvador, Guatemala, Honduras, Mexico, Panama , Paraguay, Peru and Venezuela. The IACHR also conducted four working visits to facilitate friendly settlement processes in Chile, Honduras, Bolivia and Mexico. The Commission further held 20 videoconferences on various issues concerning Argentina, Bolivia, Costa Rica, El Salvador, Mexico, Panama, Paraguay, Peru and Venezuela. Throughout 2018, the Commission held 14 meetings to review friendly settlement negotiation and monitoring portfolios concerning Argentina (4), Bolivia (1), Colombia (1), Chile (1), Ecuador (2), Guatemala (1), Honduras (1), Mexico (1), Paraguay (1) and Peru (1). The IACHR also issued six press releases concerning friendly settlements and sought to increase the visibility of approved friendly settlements that attain a significant degree of compliance.

The Commission considers that the progress highlighted in Chapter II.G.3 of the 2018 Annual Report is historic and lays the groundwork to optimize the implementation of friendly settlements. In this context, the IACHR will continue to make every effort—in its advisory, mediation and cooperation capacities—to encourage greater compliance with its decisions.

“The IACHR acknowledges the efforts of States and petitioners to resolve cases taken before the friendly settlement mechanism and will continue to engage in mediation and monitoring efforts to facilitate dialogue among the parties, with a view to ensuring full implementation of all commitments made in friendly settlements,” said IACHR Executive Secretary Paulo Abrão.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 080/19