12.07.2015 Views

Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

SHOW MORE
SHOW LESS
  • No tags were found...

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 335Exceptionally, where new facts come to light within a year of a judgment,a party may request revision of the judgment. 1501The American Convention on Human Rights does <strong>no</strong>t establish any institutionalrole for the political organs of the Organisation of AmericanStates to supervise enforcement of the Inter-American Court ofHuman Rights’ rulings. According to Article 65 ACHR, the Court isobliged to submit an Annual Report to each regular session of theGeneral Assembly of the OAS for its consideration. In this report, theCourt will specify the cases in which a State has <strong>no</strong>t complied withits judgments, making any pertinent recommendations. However, theRules of Procedure provide that the Court may follow up on its judgmentsand monitor its execution through reports of the State Party andobservations of the victims or their representatives. The Court mayrequest additional information from other sources and, if it deems itappropriate, convoke a hearing with the State and the victims’ representativesin order to monitor the compliance with its decisions. At thehearing, the Court will hear also the opinion of the Commission. Afterthe hearing, the Court may determine the state of compliance and issueappropriate orders. 1502In the African system, the Committee of Ministers of the African Unionis mandated by the treaty establishing the Court to monitor the executio<strong>no</strong>f the judgments of the African Court on Human and Peoples’Rights, once the Court is operational. 1503The other bodies, whether universal or regional, apart from the HumanRights Committee and the CERD, have procedures to assure follow-upon the implementation of their recommendations.The Committee against Torture and the CERD invite the State, whencommunicating their decision, to provide information on their implementationand may appoint one or more Special Rapporteur(s) to followup and report on it. 1504 CESCR and CEDAW establish an obligation ofthe State to report within six months, in writing, any action taken inlight of the views and recommendations, and specifically provide thatthe State Party may be invited to include further information in its periodicreport to the Committee. 15051501 Rules 79–80, ECtHR Rules of Procedure.1502 See, Article 69, IACtHR Rules of Procedure.1503 Article 29, P-ACHPR on African Court.1504 Rules 118.5 and 120, CAT Rules of Procedure; new Rule 95, paras. 6 and 7, CERD Rules ofProcedure, adopted on 15 August 2005, available at http://www2.ohchr.org/<strong>eng</strong>lish/bodies/cerd/docs/newruleprocedure- august05.pdf.1505 See, Article 7.4–5 OP-CEDAW. See also, Rule 73, CEDAW Rules of Procedure; Article 9OP-ICESCR.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!