IACHR: Protecting democracy means protecting the independence of the judiciary

September 13, 2024

Washington, D.C. - —On the occasion of the International Day of Democracy, September 15, the Inter-American Commission on Human Rights (IACHR) emphasizes that the independence of the branches of government, especially the judiciary, is fundamental to consolidating and safeguarding democracy.

By ratifying the OAS Charter and the Inter-American Democratic Charter, OAS Member States committed to strengthening democracy and acknowledged it to be a cornerstone of stability, peace, and development in the region. Both charters explicitly recognize judicial independence as a fundamental component of any democratic system.

For the rights and freedoms of democratic rule to prevail, a robust legal and institutional framework must prevail over the whims of rulers and individuals. Likewise, there must be effective judicial oversight of the actions of public authorities to ensure that these are legal and constitutional and adhere to international conventions. The judiciary plays a vital role in protecting human rights and defending democratic institutions from potential abuses by governments, elected officials, and powerful economic interests.

The IACHR has expressed concern over recent measures in several countries in the Americas that threaten to undermine the judiciary, particularly its ability to act independently. These actions include arbitrary legal efforts to remove judges and prosecutors without due process, appointments of judges and prosecutors that fail to meet inter-American standards, and undue interference intended to influence judicial deliberations and rulings. The manipulation or exploitation of the judiciary by political or economic interests to persecute political leaders or other members of the judiciary—especially those combating corruption and impunity—further undermines democratic governance. Disregard for judicial rulings is another matter of concern.

On this International Day of Democracy, the IACHR reminds states that democracy must be shielded from potential abuses by both political and economic forces. A judiciary that is independent, empowered, and committed to upholding, protecting, and safeguarding human rights is one of the strongest defenses of democratic systems and the rule of law.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 216/24

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