the American Convention was already binding upon the State at the time that the facts alleged in the petition occurred. 56. Lastly, the Commission is competent ratione materiae, because the petition alleges that human rights protected by the American Convention were violated. The Commission takes note that the petitioners also alleged the violation of the right to social security enshrined in Article 9 of the protocol of San Salvador. In that regard, the Commission points out that Article 19.6 of that instrument provides for a limited competence clause in order that organs of the interAmerican system may issue decisions on individual petitions regarding the rights enshrined in Articles 8.a and 13. In that respect, the Commission is not competent ratione materiae to rule on the possible violation of Article 9 of the protocol of San Salvador. B. Exhaustion of Domestic Remedies 57. Article 46.1.(a) of the American Convention provides that for a complaint lodged with the Inter-American Commission in accordance with Article 44 of the Convention to be admissible, it is necessary to have pursued and exhausted the domestic remedies in accordance with generally recognized principles of international law. The purpose of this requirement is to allow domestic authorities to hear about the alleged violation of a protected right and, if appropriate, to provide a solution before it is heard in an international venue. 58. The requirement of prior exhaustion of domestic remedies is applicable when within the domestic system there is effective and adequate recourse available to remedy the alleged violation. In this respect, Article 46.2 establishes that the requirement is not applicable when the domestic legislation of the State concerned does not afford due process of law for the protection of the right that has allegedly been violated; or when the remedies under domestic law were not accessible to the alleged victim; or when there has been unwarranted delay in issuing a decision under the aforementioned remedies. As provided for in Article 31 of the Rules of Procedure of the Commission, when the petitioner claims one of these exceptions, it is up to the State to prove that domestic remedies have not been previously exhausted, unless that is clearly evident from the record.5 5 ]IACHR, Report Nº 32/05, petition 642/03, Admissibility, Luis Rolando Cuscul Pivaral and other persons affected by HIV/AIDS, Guatemala, March 7, 2005, paragraphs 3335; I/A Court H.R., Case of the Mayagna Community (Sumo) Awas Tingni. Preliminary Exceptions, para. 53; Durand and Ugarte Case. Preliminary Exceptions. Judgment of 20