Regional Human Rights Systems: An Overview

What are regional systems?

Why the need for regional
human rights systems?

African Human Rights System
under the framework of the African Union (AU) which
replaced the Organization of African Unity (OAU)

Main Human Rights Treaties
OAU Refugee Convention
African Charter on Human and Peoples Rights (ACHPR)
The Protocol to the African Charter on Human and Peoples Rights
on the Rights of Women in Africa
The African Charter on the Rights and Welfare of the Child

African Charter on Human and Peoples Rights (ACHPR)
adopted on 26 June 1981; entered into force on 21 October 1986
binding treaty
four main categories of rights and duties: individual rights, the rights
of peoples, the duties of States, and the duties of individuals
Supervisory bodies:
African Commission on Human and Peoples
Rights
African Court on Human and Peoples Rights
Supervisory mechanisms:
Reporting system: two years
Individual complaints procedure
Inter-State complaints

The Protocol to the African Charter on Human and Peoples
Rights on the Rights of Women in Africa
adopted on 11 July 2003; entered into force on 25 November 2005
addresses a variety of CPR, ESCR, integrating a gender perspective
in member-states constitutions, laws and policies
Supervisory body:
African Commission on Human and Peoples
Rights
Supervisory mechanisms:
Reporting system: periodic reports

The African Charter on the Rights and Welfare of the Child
adopted in July 1990; entered into force on 29 November 1999
defines a child as: every human being below the age of 18 years
Supervisory body:
The African Committee of Experts on the Rights
and Welfare of the Child
Supervisory mechanisms:
Reporting system: every three years
Individual complaints
Inquiry procedure

Main human rights bodies
1. The African Commission on Human and Peoples Rights
2. The African Court on Human and Peoples Rights
3. The African Committee of Experts on the Rights of the
Child


The African Commission on Human and Peoples Rights
quasi-judicial body established by the African Charter on
Human and Peoples Rights (ACHPR)
composed of 11 members, personal capacity
review reports
examine complaints
make recommendations to AU
advisory opinions: can interpret the ACHPR
appoint Special Rapporteurs
adopt provisional measures

The African Court on
Human and Peoples Rights
11 judges, individual capacity
Jurisdiction: ACHPR, and other relevant HR instrument ratified by
the States
Can issue Advisory Opinions
Limited Individual Complaint Mechanism

The Inter-American System
under the framework of the Organization of American States (OAS),
which was created in 1948

Main human rights treaties
1. American Declaration of the Rights and Duties of Man
2. American Convention on Human Rights
3. Protocol to the American Convention on Human Rights to
Abolish the Death Penalty
4. Inter-American Convention to Prevent and Punish Torture
5. Inter-American Convention on Forced Disappearance of
Persons
6. Aditional Protocol to the American Convention on Human
Rights in the Area of Economic, Social and Cultural Rights
"Protocol of San Salvador"
7. Inter-American Convention on the Elimination of All Forms
of Discrimination Against Persons with Disabilities

Main human rights bodies
1. The Inter-American Commission on Human Rights
(IACmHR)
2. The Inter-American Court of Human Rights (IACtHR)
3. The Inter-American Commission of Women

The Inter-American Commission on Human Rights (IACmHR)
quasi-judicial, quasi-political body
promote the observance and the defense of human
rights in the Americas.
receive, examine and investigate individual complaints or
petitions
issue advisory opinions
refer cases to the Inter-American Court of Human Rights
conduct on-site visits
may issue precautionary measures
special procedures: special rapporteurs



The Inter-American Court of Human Rights (IACtHR)
7 judges, 6 year term
contentious and advisory jurisdictions
individuals cannot bring a case to the Court; must file a
complaint with the Commission

The European System
Established by the Council of Europe

Main human rights Treatise
under the Council of Europe
1. European Convention for the Protection of Human Rights
2. European Social Charter (ESC)
3. European Convention for the Prevention of Torture
4. Framework Convention for the Protection of National
Minorities

European Convention for the Protection of Human Rights and
Fundamental Freedoms (ECHR)
adopted on 4 November 1950; into force on 3 September
1953
applies to all persons under the jurisdiction of the
Contracting States
Supervisory bodies:
o European Court of Human Rights
o Committee of Ministers, which supervises
execution
Supervisory mechanisms:
Inter-state complaints
Individual complaints

Main human rights bodies
under the Council of Europe
1. European Court of Human Rights (ECtHR)
2. The Committee of Ministers of the CoE
3. The Parliamentary Assembly of the CoE
4. The Commissioner for Human Rights
European Court of
Human Rights (ECtHR)
full-time, permanent body
composed of 46 judges one for each State Party
contentious and advisory jurisdiction
individual and inter-state complaints
Interim measures
Friendly settlements

Common Principles
Exhaustion of domestic remedies
Period to appeal
Duplication of procedures at the international level

Complaints procedure
Political supervision









Jurisprudential Implication
Is having a regional human rights system desirable?

Initiative to Establish a Human Rights Mechanism in Southeast
Asia
Working Group for an ASEAN Human Rights Mechanism

The Foreign Ministersagreed that ASEAN should also consider
the establishment of an appropriate regional mechanism on
human rights.
- Joint Communiqu of the Twenty-Sixth ASEAN
Ministerial Meeting, Singapore, 23-24 July 1993

1996 Meeting with ASEAN
1997 ASEAN Vision 2020 ASEAN as a concert of Southeast
Asian nations, outward looking, living in peace, stability and
prosperity, bonded together in partnership in dynamic development
and in a community of caring societies
1998 Joint Communiqu of the Foreign Ministers
2001 Workshops on the ASEAN Human Rights Regional
Mechanism
2003 ASEAN Community: Security, Economic and Socio-Cultural
2004 Vientiane Action Programme (2004-2010)
2005 ASEAn Assignment
2006 EPG Report on the ASEAN Charter
2007 HLTF to draft the ASEAN Charter

Country Visits confidence building measures
Workshops
Roundtable Discussions
Meeting with ASEAN
ASEAN Charter
Consultations
Researches

Asian Intergovernmental Commission on Human Rights
JULY 20, 2009, approved and created
Southeast Asian ministers approved Monday a landmark
regional commission on human rights but one that lacks
powers to monitor or punish member nations such as
milItary-ruled Myanmar.
The commission will first focus on promotion of human
rights rather than protection, It was endorsed by foreign
ministers from the Association of Southeast Asian
Nations, or ASEAN who met in Thailand for the summit
Thank You
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