14 63. The Commission is also competent ratione materiae being that the petition charges potential violations of human rights protected under the American Convention. Furthermore, the Commission notes that in pleading potential violations of Article 26 of the Convention, the petitioners made reference to other international instruments, in connection with this article. Accordingly, and regarding the alleged violation of Article 45 of the OAS Charter, the Commission notes that Article 26 of the American Convention itself refers to the OAS Charter in order to give content to the rights protected therein.4 Consequently, examination of a potential violation of this right would have to take into consideration the principles enshrined in the OAS Charter. 64. With respect to Article XIV (Right to work and to fair remuneration) of the American Declaration of the Rights and Duties of Man, the Commission recalls that the State undertook to preserve as a party to said Charter of the OAS, the rights set forth in the American Declaration, which is a source of international obligations.5 The Commission notes that the State ratified the American Convention on August 9, 1977 and at the time of the facts of the instant petition said instrument was its main source of legal obligations.6 In light of the foregoing, the Commission deems that the analysis on the merits of the instant case ought to focus on the provisions of the American Convention, though this does not preclude the use of the provisions of the Declaration as a source of interpretation thereof. 65. Regarding the alleged violation of Article 6 of the “Protocol of San Salvador” or Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, signed by the State on January 27, 1989 and currently pending ratification, in connection with Article 26 of the American Convention, the Commission notes that it is not competent ratione materiae to rule on instruments that have not been ratified by the State.7 Notwithstanding, the Commission reiterates that under Article 29 of the American Convention, these provisions may be taken into account to determine the scope and content of the American Convention.8 4 IACHR. Report Nº 38/09. Case 12.670. Admissibility and Merits. National Association of Ex Employees of the Peruvian Social Security Institute et al. March 27, 2009. Par. 130. 5 IA Court of HR. Interpretation of the American Declaration of the Rights and Duties of Man in the Framework of Article 64 of the American Convention on Human Rights. Advisory Opinion OC-10/89 of July 14, 1989. Series A No. 10. Paras. 43 - 46. 6 IA Court of HR. Interpretation of the American Declaration of the Rights and Duties of Man in the Framework of Article 64 of the American Convention on Human Rights. Advisory Opinion OC-10/89 of July 14, 1989. Series A No. 10. Par. 46. 7 The Commission notes that Article 19.6 of said treaty sets forth a limited clause of competence for the organs of the Inter-American system to be able to hear individual petitions pertaining to the rights enshrined in Articles 8 a) and 13. Consequently, the Commission would not be competent ratione materiae to rule on a potential violation of Article 6 of the Protocol of San Salvador. See: IACHR. Report Nº 38/09. Case 12.670. Admissibility and Merits. National Association of Ex Employees of the Peruvian Social Security Institute et al. March 27, 2009. Par. 69; IACHR. Report N° 86/06. Petition 499-04. Admissibility. Marino López et al (Operation Genesis). Colombia. October 21, 2006. Par. 41. IACHR. Report No. 76/09. Petition 1473-06. Admissibility. Community of La Oroya. Peru. August 5, 2009. Par. 54. 8 IACHR. Report N° 86/06. Petition 499-04. Admissibility. Marino López et al (Operation Genesis). Colombia. October 21, 2006. Par. 41. IACHR. Report No. 76/09. Petition 1473-06. Admissibility. Community of La Oroya. Peru. August 5, 2009. Par. 54. Also see IACHR. Report Nº 38/09. Case 12.670. Admissibility and Merits. National Association of Ex Employees of the Peruvian Social Security Institute et al. March 27, 2009. Par. 70.