Part II Means of Protection, Ch.VII Inter-American Commission on Human Rights, s.1 Organization, Article 40

Abstract

This chapter addresses Article 40 of the American Convention on Human Rights (ACHR). Article 40 of the ACHR contains a provision that is crucial for the proper functioning of the Inter-American Commission of Human Rights, even though it is administrative in nature. A body as important as the Commission cannot function with the required independence and autonomy without the financial resources necessary to carry out its actions, and without a Secretariat of sufficient substance to ensure the exercise of the Commission's functions, implementation, and follow-up. Compared to the Inter-American Court (Articles 58 and 59 of the ACHR), the resources provided to the Commission under Article 40 are “furnished by the appropriate specialized unit of the General Secretariat of the Organization.” From an institutional point of view, it means that Article 40 does not affirm the autonomy of the Commission to appoint its own Secretary. Therefore, the direct relationship with the Organization of American States (OAS) General Secretariat is established by Article 40; while for the Court, its freedom and discretion to appoint its own Secretary was affirmed as an important guarantee of independence.