The president of the Inter -American Court of Human Rights (Corteidh), Nancy Hernándezhe talked with Free press during the Celebration of 176. Court’s ordinary session period, This time is done in Guatemala.
In the interview, Hernández reflected on the future of the Inter -American Human Rights System in the face of the deep challenges of the region.
Latin America, he explained, is the most violent and unequal region in the world, where serious structural problems such as forced disappearance, the persecution of dissidents, repression against the press and human rights defenders persist. Despite the efforts to consolidate democracy, it has not yet been fully achieved.
These historical challenges are now added two great magnitude challenges for the 21st century: The impact of artificial intelligence on human rights and climate crisis.
Both phenomena, ”he pointed out – demand urgent, coordinated and centered responses on the dignity of people. He also highlighted the need to bring justice closer to peoples.
How is the human rights situation in Latin America and which do you consider that they are the main challenges facing today?
One of the biggest challenges ahead is that of unregulated artificial intelligence. For the first time in history, humanity faces the existence of non -human intelligence capable of making decisions autonomously. It is no longer just a tool to facilitate human work, but an entity with its own decision -making capacity, which represents an unprecedented change.
The consequences are still uncertain, since these autonomous decisions will not be guided by ethics or human consciousness. It is a very serious issue that, in my opinion, is not yet being fully approached from our regional logic.
There is no political discussion, at the state or regional level, on how the transition will be given to the impact of new technologies on employment and other fundamental rights, such as patents, freedom of expression, neurodes or the protection of privacy. Artificial intelligence will now have the capacity to monitor our actions more.
Artificial intelligence can already perform any better and faster mechanical task than humans – for example, with autonomous vehicles or agricultural machinery without the need for farmers – and everything depends on investment. But what will happen to the people who today perform these works? When will they be displaced? How are they going to relocate or fall to new functions?
Although I am not against artificial intelligence, on the contrary, I recognize its benefits in areas such as science or medicine, it will also have a very negative impact on millions of jobs of people already vulnerable, and this is not regulating.
This transition must be regulated by national and international law, with an approach focused on human dignity, to avoid a devastating impact on our societies. For example, I have already taken autonomous vehicles in Boston and San Francisco; If that technology is generalized, how many taxi drivers could be displaced? The law must accompany this revolution, taking into account the dignity of people as the center of the decisions we make. If we do not, they will increase chaos, structural inequality and social problems that already affect Latin America.
And climate change is also among emerging issues?
Now we have very important new challenges that the entire region will have to face. First, the effects of climate change. In particular, the displacement and mass migration of millions of people for climatic reasons, within a very short term, in the next decade.
That is going to impact the entire region very especially, but very particularly the Caribbean region and the Amazon and indigenous peoples who are already suffering the effects of climate change.
What does it mean for the court to meet in Guatemala and not at its usual headquarters in Costa Rica?
This policy of transferring sessions outside its headquarters in San José, Costa Rica, began in 2005, as an effort to bring inter -American justice to local realities. We have since gone to 36 sessions out of the headquarters.
On this occasion, Guatemala extended an invitation since last year, and we accepted gladly. We hadn’t been coming for 14 years.
We believe in the value that people know the work of the Court more closely. Public hearings allow citizens, press and civil society to witness how an International Human Rights Court works, and that is to bring inter -American justice to local realities.
What relevance do public audiences are being held in this session?
It is always positive that in the audiences we receive allegations, expert opinions and testimonies of victims in three key cases: one about the Salango people of Ecuador, another from the Garifuna community of Honduras, and a case against Peru for the death of Celia Ramos Durand after a forced sterilization in 1997.
In addition, we are conducting five private compliance supervision hearings in cases of Guatemala. These spaces allow to evaluate directly, with the State, the victims and the Inter -American Commission, what are the advances and obstacles to implement our sentences.
How effective are those monitoring audiences?
Very effective. It has been extremely positive to include cases of compliance supervision in this period, which happens in this same supervision exercise in other states. It is not the same to send written reports than sitting on a table with the parties involved. A direct dialogue is generated that allows to detect where the blockages are and how they can be overcome. In many cases, concrete agreements are achieved.
What impression of Guatemala as the headquarters and the country’s commitment to the inter -American system?
That Guatemala has offered to be the headquarters is, in itself, a recognition of its commitment to the inter -American system, and then allows people to approach and know firsthand how the Regional International Court of Human Rights works.
Why so many of the cases that come to court have to do with indigenous peoples?
Because there is a historical debt of the region with the original peoples, especially in land issues. Over 45 years, the Court has established important standards in this area, that indigenous peoples know and recognize, and that is why they go to this court with confidence.
And what reading do you give to the Guatemalan justice system, in relation to the cases that the Court has seen?
As I mentioned in my inaugural words, Guatemala has historically fought for democracy and human rights, despite their challenges. In general, the fact that the session takes place here, because it also reinforces that struggle that the country is making to improve its justice system.
Each case reflects specific aspects, but I can say that there is a positive will of the State in many cases we are reviewing. Private hearings of these days have been very productive and important agreements have been reached. There are always challenges, but also a constant search to improve.