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The Inter-American Court’s Advisory Function Continues to Boom – A few comments on the requests currently pending

Published on November 25, 2019        Author: 

 

 

Just on the same day that Evo Morales had asked the Bolivians to re-elect him for the fourth time as President, Colombia’s President Iván Duque apparently followed his words with deeds by filing a further request for an advisory opinion to the IACtHR. Already in his opening speech at the occasion of the Court’s last special session held in Colombia this summer, Duque had announced that his government was working on a request asking the Court to clarify whether or not a human right to be re-elected for indefinite terms exists. Then, on the day of the Bolivian elections, it was reported that the request had been submitted. An opinion by the Court contradicting that of the Bolivian Constitutional Court, according to which the possibility to be re-elected indefinitely constitutes a human right, could have destabilized a further Morales government. In light of the most recent events in Bolivia, including the resignation of Morales, the immediate reason for the request seems to be obsolete. But the issue of indefinite re-election remains topical. Not least, as also mentioned here, a Colombian State agent had indicated that the request was also relevant with regard to Nicaragua and Venezuela.

The request on re-election is already the third request currently pending before the Court, highlighting the continuing importance of the Court’s advisory function. Just a few weeks ago, the Court published a request filed by the Inter-American Commission on Human Rights (IACHR) regarding the guarantee of trade union freedom, its relationship to other rights, and its application from a gender perspective. The Commission’s request addresses a very important matter in times of a changing world of employment and also in light of the heavy protests in Ecuador and Chile which are basically rooted in the high rates of social inequality.

This post will focus on the first of the three pending requests, which submitted by Colombia in May. Not only is the May request politically sensitive, but it also raises some very interesting technical legal questions.

In its request of May, Colombia poses the following three questions to the Court: Read the rest of this entry…