Regional human rights regimes are relatively independently coherent human rights sub-regimes that are nested within the larger frame work of International human rights practice. [1] Three principal regional human rights instruments can be identified, the African Charter on Human and Peoples' Rights, the American Convention on Human Rights (the Americas) and the European Convention on Human Rights.
The African Union (AU) is a supranational union consisting of fifty-three African states. [2] Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market. [3]
The African Charter on Human and Peoples' Rights is the region's principal human rights instrument and emerged under the aegis of the Organisation of African Unity (OAU) (since replaced by the African Union). The intention to draw up the African Charter on Human and Peoples' Rights was announced in 1979 and the Charter was unanimously approved at the OAU's 1981 Assembly. Pursuant to its Article 63 (whereby it was to "come into force three months after the reception by the Secretary General of the instruments of ratification or adherence of a simple majority" of the OAU's member states), the African Charter on Human and Peoples' Rights came into effect on October 21, 1986 – in honour of which October 21 was declared "African Human Rights Day." [4]
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility: [5]
In pursuit of these goals, the commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45). [5]
With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction. [6] In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice.
The Court of Justice of the African Union is intended to be the "principal judicial organ of the Union" (Protocol of the Court of Justice of the African Union, Article 2.2). [7] Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing the African Court on Human and Peoples' Rights entered into force in January 2004 [8] but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries. [9]
The Organization of American States (OAS) is an international organization, headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the Cold War, the return to democracy in Latin America[ citation needed ], and the thrust toward globalization, the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following: [10]
The Inter-American Commission on Human Rights (the IACHR) is an autonomous organ of the Organization of American States, also based in Washington, D.C. Along with the Inter-American Court of Human Rights, based in San José, Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. [11] The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in the hemisphere. Its human rights duties stem from three documents: [12]
The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under the latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states. [13]
There are no Asia-wide organisations or conventions to promote or protect human rights. Countries vary widely in their approach to human rights and their record of human rights protection.
The Association of Southeast Asian Nations (ASEAN) [14] is a geo-political and economic organization of 10 countries located in Southeast Asia, formed in 1967 by Indonesia, Malaysia, the Philippines, Singapore and Thailand. [15] The organisation now also includes Brunei, Vietnam, Laos, Myanmar and Cambodia. [14] Its aims include the acceleration of economic growth, social progress, cultural development among its members, and the promotion of regional peace. [14] ASEAN established in 2009–10 an Intergovernmental Commission on Human Rights. In November 2012, ASEAN adopted the ASEAN Human Rights Declaration, but, as of 2015, still has no human rights convention or court.
The Cooperation Council for the Arab States of the Gulf (CCASG) is a trade bloc involving the six Arab states of the Persian Gulf, with many economic and social objectives. Created in 1981, the Council comprises the Persian Gulf states of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. [16]
None of the above organisations have a specific mandate to promote or protect human rights, but each has some human rights related economic, social and cultural objectives. [17] [18]
The Council of Europe, founded in 1949, is the oldest organisation working for European integration. It is an international organisation with legal personality recognised under public international law and has observer status with the United Nations. The seat of the Council of Europe is in Strasbourg, France. The Council of Europe is responsible for both the European Convention on Human Rights and the European Court of Human Rights. [19] These institutions bind the council's members to a code of human rights which, though strict, are more lenient than those of the United Nations charter on human rights.[ citation needed ] The Council promotes the European Charter for Regional or Minority Languages and the European Social Charter. [20] Membership is open to all European states which seek European integration, accept the principle of the rule of law and are able and willing to guarantee democracy, fundamental human rights and freedoms. [21]
The Council of Europe is separate from the European Union, but the latter is expected to accede to the European Convention and potentially the Council itself.[ citation needed ] The EU also has a separate human rights document, the Charter of Fundamental Rights of the European Union. [22]
However, unlike its member states, the European Union itself has not yet joined the Convention on Human Rights, as of 2011. [23]
The European Convention on Human Rights has since 1950 defined and guaranteed human rights and fundamental freedoms in Europe. [24] All 47 member states of the Council of Europe have signed the convention and are therefore under the jurisdiction of the European Court of Human Rights in Strasbourg. [24] In order to prevent torture and inhuman or degrading treatment (Article 3 of the convention), the Committee for the Prevention of Torture was established. [25]
The European Court of Human Rights is the only international court with jurisdiction to deal with cases brought by individuals (rather than states). [24] In early 2010 the court had a backlog of over 120,000 cases and a multi-year waiting list. [26] [27] [28] About 1 out of every 20 cases submitted to the court is considered admissible. [29] In 2007 the court issued 1,503 verdicts. At the current rate of proceedings, it would take 46 years for the backlog to clear. [30]
There are no regional approaches or agreements on human rights for Oceania, but most countries have a well-regarded human rights record. However, incorporated into the 2005 Pacific Plan, is the commitment to a plan of "defence and promotion of human rights" in the region. The idea of an institutionalized regional human rights framework is ongoing, with an objective to establish an ombudsman and security structures that goes beyond the Pacific Islands Forum.
The Council of Europe is an international organisation with the goal of upholding human rights, democracy and the rule of law in Europe. Founded in 1949, it brings together 46 member states with a population of approximately 675 million as of 2023; it operates with an annual budget of approximately 500 million euros.
Human rights are moral principles or norms for standards of human behaviour and are regularly protected as substantive rights in substantive law, municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law, and imposing an obligation on persons to respect the human rights of others; it is generally considered that they should not be taken away except as a result of due process based on specific circumstances.
International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.
The Organization of American States is an international organization founded on 30 April 1948 to promote cooperation among its member states within the Americas.
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States (OAS).
The American Convention on Human Rights (ACHR), also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into force after the eleventh instrument of ratification was deposited on 18 July 1978.
The Inter-American Court of Human Rights is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a human rights treaty ratified by members of the Organization of American States (OAS).
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009.
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial body tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. This includes investigating human rights violations, creating and approving programs of action towards encouraging human rights, and set up effect communication between them and states to get first hand information on violations of human rights. Although the ACHPR is under a regional government facility, they don't have any actual power and enforcement over laws. This ends up in them drafting up proposals to send up the chain of command to the Assembly of Heads of State and Government and they will act accordingly.
The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent.
The office of the Special Rapporteur on Freedom of Expression of the Organization of American States (OAS) was established by the Inter-American Commission on Human Rights (IACHR) in 1997 to monitor OAS member states' compliance with the American Convention on Human Rights in the area of freedom of expression.
The African Court on Human and Peoples' Rights, also known simply as the African Court, is an international court established by member states of the African Union (AU) to implement provisions of the African Charter on Human and Peoples' Rights. Seated in Arusha, Tanzania, it is the judicial arm of the AU and one of three regional human rights courts.
Anti-terrorism legislation are laws aimed at fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.
Source protection, sometimes also referred to as source confidentiality or in the U.S. as the reporter's privilege, is a right accorded to journalists under the laws of many countries, as well as under international law. It prohibits authorities, including the courts, from compelling a journalist to reveal the identity of an anonymous source for a story. The right is based on a recognition that without a strong guarantee of anonymity, many would be deterred from coming forward and sharing information of public interests with journalists.
The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, better known as the Maputo Protocol, is an international human rights instrument established by the African Union that went into effect in 2005. It guarantees comprehensive rights to women including the right to take part in the political process, to social and political equality with men, improved autonomy in their reproductive health decisions, and an end to female genital mutilation. It was adopted by the African Union in Maputo, Mozambique, in 2003 in the form of a protocol to the African Charter on Human and Peoples' Rights.
Tracy S. Robinson is Jamaican attorney and lecturer in the Faculty of Law at the University of the West Indies (UWI). She served as commissioner on the Inter-American Commission on Human Rights (IACHR) from 2012 to 2015 and in 2014 was elected as chair of the organization. She has served as the Rapporteur on the Rights of Women since January 2012 for the Organization of American States (OAS) and helped establish the Rapporteurship on the rights of LGBTI, serving as its first Rapporteur.
Margarette May Macaulay is the Jamaican Commissioner and some time President of the Inter-American Commission on Human Rights (OAS).
The Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, better known as the Belém do Pará Convention, is an international human rights instrument adopted by the Inter-American Commission of Women (CIM) of the Organization of American States (OAS) at a conference held in Belém do Pará, Brazil, on 9 June 1994. It is the first legally binding international treaty that criminalises all forms of violence against women, especially sexual violence. On 26 October 2004, the Follow-Up Mechanism (MESECVI) agency was established to ensure the State parties' compliance with the Convention.
Antonia Urrejola Noguera is a Chilean lawyer who served as Minister of Foreign Affairs from 11 March 2022 to 10 March 2023. She was previously elected by the Organization of American States (OAS) to serve from 2018 to 2021 as a commissioner of the Inter-American Commission on Human Rights (IACHR). In 2021 she became the President of the IACHR, leading the first all woman team of President and vice-presidents.