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ANALYTICAL FRAMEWORK OF THE PROTECTION OF


HUMAN RIGHT UNDER THE ARAB CHARTER ON HUMAN
RIGHTS (2004)
Prof. Dr. VIJAY N. GHORMADE1
OUTLINE
I.
Introduction
II.
Drafting History Of The Arab Charter
III.
The League Of Arab States And Middle East Human Rights System
IV.
Foundation Of The Arab Charter: Preamble
V.
Rights Recognised And Protected Under The Arab Charter
VI.
Nature And Scope Of The Human Rights Under The Arab Charter
VII. Enforcement Mechanism: The Arab Human Rights Committee
VIII. Criticism Of Arab Charter
IX.
Efforts Of Improvements In Arab Charter & New Trends
X.
Progressive Efforts For Promotion Of Human Rights At National Level In The Arab
Countries
XI.
Universal Periodic Review Of Human Rights Implementation By International
Mechanism
XII. Conclusion
Annexure: The Cairo Declaration on Human Rights in Islam
I. INTRODUCTION
The Arab Charter on Human Rights (2004) which came into force in 2008 is the latest regional
human rights documents in modern history of human rights and international law. The Arab
world is spread in Asia and Africa and some few parts have also been extended in Europe,
however, the Arab World is not a geographical concept, it is cultural and religious. Arab Charter
is a typically different kind of documents based on the dual combination of supremacy of
Quranic values and contemporary norms of human rights which are reflected in International
Covenants. The subject matter of this paper is to highlight the main features and provide the
analytical framework of the protection of human rights under Arab Charter of Human Rights
2004. The paper also explains the enumerated human rights in brief. In the next part of the paper,
explanation may contextualize recognised human rights under the Arab Charter in relations with
contemporary norms of human right enshrined in major global and regional documents human
1

Prof. Vijay N. Ghormade is a Professor of Law, Mzumbe University, Tanzania (East Africa). He worked as a
Professor at Chanakya National Law University, Patna, Principal and Professor at Advani Law College (Mumbai)
and New Law College (Pune & Ahmadnagar). This paper is a part the forthcoming book Comparative Study of the
Bill of Rights in Post-Cold War Period. Email for contact: ghormade2000@yahoo.com

Electronic copy available at: http://ssrn.com/abstract=2000043

2
rights instruments. At present there are 22 countries as members of the Arab League, mainly
from the Middle East but cut across in the continents of Asia and Africa.2 However, only ten
members3 have ratified the human right charter.
The European Human Rights Convention and International Covenants of 1966 are the major
and relevant documents. The comparative perspective of the human rights study and particularly
the Arab Charter of Human Rights may reveal the strength and weaknesses of the regional
system adopted under the documents in parlance with universal document. This kind of study
may be helpful to the civil society to take certain stand for certain universal issues in comparison
with human right issues of relative importance.
In the modern history of human rights instruments, chronologically the American regional
Organisations was first one to adopt regional instruments (OASs Declaration of 1948) for the
protection of human rights, even before the UN adopted the Universal Declaration. Like the
Universal Declaration, the American Declaration encompasses the entire range of human rights.
Additionally, the declaration includes an explicit list of duties, ranging from general duties
toward society and one's children, to an individual's duty to vote, work, and pay taxes (articles
29-38). Despite its early beginnings, the Inter-American system of human rights progressed more
slowly than its European counterparts. Not until 1969 did the OAS adopt the American
Convention on Human Rights, which entered into force in June of 1978. European regional
organisation has been able to adopt Convention on Human Rights in 1950. European system
though chronologically came latter but went ahead than the American regional system in
adopting the treaty to enforce the human right at regional level. And then later, the African
Union has also adopted the regional document: African Charter on Human and Peoples' Rights
1981. Continent wise there was only one continent left out that was Asia, so far there were some
attempt in Asia Pacific to adopt regional instrument of human right, and however, they were not
successful yet.
The Arab League was successful to establish the regional system of human right in 2004.
This is the latest regional system of human right which is different from the earlier existing three
regional systems. The Arab League is an regional organisation based on cultural affinity, cut
across the continental barriers and which spread in Asia and Africa, the common thing among
them is that all of them belong to Arab culture and Islamic by religion. On September 15, 1994,
the Council of the League by its resolution 5437 at Cairo adopted the first version of the Arab
Charter on Human Rights.4 However, this Charter never came into force because no state had
ratified it. On May 2004, the Arab Summit in Tunisia finally adopted a new (current) version of
the Arab Charter on Human Rights. Here the object of this paper is to provide analytical

The founding member states were Egypt, Syria, Lebanon, Iraq, Transjordan (now Jordan), Saudi Arabia, and
Yemen. Other members who joined later are Libya, Sudan, Tunisia, Morocco, Kuwait, Algeria, Bahrain, Oman,
Qatar, and the United Arab Emirates, Mauritania, Somalia, the Palestine Liberation Organization (PLO), Djibouti,
and the Comoros.
3
The ten ratifying countries are: Algeria, Bahrain, Jordan, Libya, Palestine, Qatar, Saudi Arabia, Syria, the United
Arab Emirates, and Yemen.
4
The copy of the Charter is available in 18 Human Rights Law Journal 151 (1997)

Electronic copy available at: http://ssrn.com/abstract=2000043

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framework of the protection of human right under the Arab Charter of human rights which they
have adopted in 2004.
II. DRAFTING HISTORY OF THE ARAB CHARTER
In fact the drafting history of the Arab Charter on Human Rights begins in 1960. In that year,
members of the Union of Arab Lawyers as one of the NGO, requested the League of Arab
States5 during their meeting in Damascus to adopt an Arab Convention on Human Rights. The
Council of Arab League in meeting at Beirut in 1968 took the decision to establish Permanent
Arab Commission and asked the commission to prepare Charter on Human Rights for Arab
World.6 However this Commission was preoccupied primarily with the rights of Arabs living in
Israeli-occupied territories. It is to be noted that the states in the Middle East were greatly
divided over some issues of human rights including the desirability of achieving a European type
of regional system for the promotion and protection of human rights. Many other
intergovernmental and nongovernmental bodies manifested a continuing desire to establish
human rights protection mechanisms in the Middle East. The Commission was to bring an Arab
Convention on Human Rights to promote the idea of human rights in Arab states in 1990s, but it
took some more years and ultimately the in 1994, the League of Arab States adopted the Arab
Charter on Human Rights at its 50th anniversary at Cairo.
The Charter of 1994 has 43 articles after the Preamble7. The Charter proclaims essentially the
same rights as those embodied in the other international and regional human rights instruments.
The main weakness with the 1994 version was the lack of any human rights enforcement
mechanism, particularly in comparison to the mechanisms within the European and American
Conventions on Human Rights, and the African Charter on Human and Peoples Rights.
Following the passage of the Arab Charter there was increasing criticism of its deficiencies by
experts, NGOs, academics and others. The Charter of 1994 could not come into force, because
the lack of required number of (seven States) ratification.
The Leagues adoption of the Arab Charter was critical because the Charter of the League
makes no mention of human rights. Numerous meetings and conferences were organized in
Europe and in the Arab World to pressure Arab governments to amend the Charter. The Council
of the League of Arab States adopted resolutions in 2002 to modernize the Charter of 1994
through the Arab Standing Committee on Human Rights. In a resolution passed on January 10,
2003, the Arab Commission on Human Rights invited the Arab States to submit observations and
proposals to improve the Charter, with a promise that the Commission would examine the
Charter again in January 2004. On a parallel track, the High Commissioner for Human Rights

See R. Macdonald, The League of Arab Stares, a Study in the Dynamics of Regional Organisation. Princeton, New
Jersey, Princeton University Press, 1965
6
See R Daoudi, Human Rights Commission of the Arab States, Encyclopedia of Public International Law, Volume
Two, 1995.
7
See this first version in Human Rights Law Journal (HRLJ), 29 August 1997, Vol. 18 N. 1-4, p. 151.

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invited many Arab experts for a meeting in Cairo in December 2003 to present and discuss
proposals to improve the Charter.
The revised draft (new version) of the Charter came into existence after a process of
consultation with Member States, independent experts and nongovernmental organizations in
2004, and ultimately the Arab Charter on Human Rights was adopted during the 16th Ordinary
Session of the Arab Summit which was held on 23 May 2004 in Tunis.8 According to article 49
of the Charter, seven Member States must ratify it in order for the Charter to enter into force.
Accordingly the Arab Charter on Human Rights came into force on 15 March 2008 after the
sufficient number of ratification (seven States). The 2004 Arab Charter on Human Rights is now
a binding treaty. The Charter is now becomes reality, concerned groups and individuals will have
to mount a significant campaign to persuade the more number of Arab states should for
ratification. The Charter reflects the demands and aspirations of the people of the Arab world,
and that it reflects their desire for a meaningful, enforceable human rights system in their region.
The new version of the Charter contains 53 articles after the Preamble, which remains
essentially the same as in the first version.9 The Arab Charter affirms the principles contained in
the UN Charter, the Universal Declaration of Human Rights, and the International Covenants on
Human Rights and the Cairo Declaration on Human Rights in Islam (1990). The Arab Charter
provide protection to well recognized and conventional categories of human rights taking into
account most of the core values of human rights related with right to liberty and security of
persons, equality of persons, protection of persons from torture, etc. The Charter also provides
for the election of a seven-person Arab Committee for Human Rights, as independent and
properly resourced body to consider States' reports. This fact have welcomed by world leaders
and expressed the hope that this body will monitor the Charter so that it will make the Charter
most effective and efficient. However, some of the features of the Charter were subject to
criticism.
III. THE LEAGUE OF ARAB STATES AND MIDDLE EAST HUMAN RIGHTS
SYSTEM
The Arab Charter is a product of the efforts made by the League of Arab States which is a
regional organization of Arab states in the Middle East, formed in Cairo on March 22, 1945. It is
necessary to have a brief introduction of organisation of the League of Arab State. At present
there are 22 member countries of the organisation mainly from the Middle East but cut across in
both the continents: Asia and Africa. The founding member states were Egypt, Syria, Lebanon,
Iraq, Transjordan (now Jordan), Saudi Arabia, and Yemen. Other members who joined later are
Libya (1953), Sudan (1956), Tunisia and Morocco (1958), Kuwait (1961), Algeria (1962),
8

Resolutions of the Council of Ministers of the League of Arab States: 6184 March 2002, 6243 September 2002 and
6302/119 (Part II) March 2003, www.arableagueonline.org/las/index.jsp, Mervat Rishmawi, The Revised Arab
Charter on Human Rights: A Step Forward? 5:3 (2005) pp. 3623.
9
Mohammed Amin Al-Midani, The Enforcement Mechanisms of the Arab Charter on Human Rights and the Need
for an Arab Court of Human Rights: http://www.acihl.org/article.htm?article_id=22, accessed on 24 June 2010

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Bahrain, Oman, Qatar, and the United Arab Emirates (1971), Mauritania (1973), Somalia (1974),
the Palestine Liberation Organization (PLO; 1976), Djibouti (1977) and the Comoros (1993).
The aims of the Arab League in 1945 were to strengthen and coordinate the political,
cultural, economic, and social programs of its members and to mediate disputes among them or
between them and third parties. The agreement among members signed on April 13, 1950
expresses the commitment for joint defense and economic cooperation and also coordination of
military defense measures. In its early years, the Arab League concentrated mainly on economic,
cultural, and social programs. In 1959 it held the first Arab Petroleum Congress and in 1964
established the Arab League Educational, Cultural and Scientific Organization (ALECSO). The
Arab League faced various internal as well as external problems. Initially, because of the Egypts
agreement with Israel and then later the Iraqi invasion of Kuwait in 1990 and the later
involvement, at the request of Saudi Arabia, of Western countriesmainly the United Statesin
rescuing Kuwait from Iraq caused a deep rift in the League. Saudi Arabia, Egypt, Syria,
Morocco, Qatar, Bahrain, Kuwait, the United Arab Emirates, Lebanon, Djibouti, and Somalia
endorsed the presence of foreign troops in Saudi Arabia, whereas the others are critical.
In 1960 at Damascus in Leagues meeting, there was a demand from NGO for the human
rights document at regional level in Arab World. The Arab League established the Permanent
Commission and its efforts culminated into the adoption of Arab Charter on Human Rights in
1994. As mentioned above, the Charter of 1994 then had to revise because of some of defects in
it and also because of non-ratification by the member states. The revised charter came into
existence in 2004.
It is to be noted that the universal character of human rights is already objected by many
Asian and African countries at regional and international forum, particularly the diversity and
relativity of human rights norms are justified on the name of cultures in the east predominantly
by the proponents of Islamic, Hindu or Chinese culture. They are critical about the western
orientation of the human rights. The human right idea in the Middle East is based on the
harmonization of both the view-points: on one hand the Charter of the United Nations, the
Universal Declaration of Human Rights and the provisions of the International Covenant on
Civil and Political Rights and the International Covenant on Economic, Social and Cultural
Rights, and on the other hand, full regards to the Cairo Declaration on Human Rights in Islam
(1990), and the Islamic jurisprudence (religious views). The human rights in the Middle East
were to build on such diverse sources. It may also be mentioned that whatever the current
attitudes and policies of governments and their regional groups subscribes, the reality of popular
demands for human rights, including both greater economic justice and greater political freedom,
is beyond debate. A deepening and widening concern for the promotion and protection of human
rights on all fronts, accelerated by the ideal of self-determination in a postcolonial era, is now
unmistakably woven into the fabric of contemporary world affairs.
The League of Arab States ultimately approved an Arab Charter on Human Rights in
September 1994. In 2004, an acceptable version of the Charter was brought into force in 2008.
This Charter provides for periodic reports to the independent Human Rights Committee of

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Experts apparently empowered to request and study reports and submit its own findings to the
Council. Except this body there is no other institution or procedures for monitoring human rights
are specified in the Charter.
IV. FOUNDATION OF THE ARAB CHARTER: PREAMBLE
The preamble of the Arab Charter laid down the fundamental principles on which the Charter of
Human Rights is based. The Preamble take into account the Omnipresence and Omnipotent
Almighty, cultural history and role of the Arab Nations in spreading knowledge, Islamic
religious principles such as fraternity, equality and tolerance principle, unit of Arab world,
principle of self-determination and sovereignty, at the same time indivisible and interdependence
among human rights. It says:
Based on the faith of the Arab nation in the dignity of the human person whom God has
exalted ever since the beginning of creation and in the fact that the Arab homeland is the
cradle of religions and civilizations whose lofty human values affirm the human right to a
decent life based on freedom, justice and equality.
In furtherance of the eternal principles of fraternity, equality and tolerance among human
beings consecrated by the noble Islamic religion and the other divinely-revealed religions,
Being proud of the humanitarian values and principles that the Arab nation has established
throughout its long history, which have played a major role in spreading knowledge between
East and West, so making the region a point of reference for the whole world and a
destination for seekers of knowledge and wisdom,
Believing in the unity of the Arab nation, which struggles for its freedom and defends the
right of nations to self-determination, to the preservation of their wealth and to development;
believing in the sovereignty of the law and its contribution to the protection of universal and
interrelated human rights and convinced that the human person's enjoyment of freedom,
justice and equality of opportunity is a fundamental measure of the value of any society,
The Arab Charter made clear that it reject all forms of racism and Zionism, which constitute a
violation of human rights and a threat to international peace and security. This shows the
recognition of the close link that exists between human rights and international peace and
security, and also reaffirmation of the principles of the Charter of the United Nations, the
Universal Declaration of Human Rights and the provisions of the International Covenant on
Civil and Political Rights and the International Covenant on Economic, Social and Cultural
Rights, and having regard to the Cairo Declaration on Human Rights in Islam.
V. RIGHTS RECOGNISED & PROTECTED UNDER THE ARAB CHARTER
The Arab Charter on Human Rights protects civil, cultural, economic, political and social rights.
Article 2 of the Charter is very similar to the Article 2 article in the International Covenants of
1966 concerning the rights of people to self-determination, to control their natural wealth and

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resources, to freely determine the form of their political structure and to freely pursue their
economic, social and cultural development. The rights recognised in the Charter can be classified
into two categories:
The first category concerns civil and political rights which are concerns with person in
individual capacity and majority of them are negative rights: the right to life (articles 5, 6 and
7)8; the right not to be subjected to torture, inhuman or degrading treatment (articles 8, 9, 18 and
20); the right to be free from slavery (article 10); the right to security of the person (articles 14
and 18); the right of all persons to be equal before the law (article 12); the rights to due process
and fair trial (articles 13, 15, 16, 17 and 19); the right to freedom of movement (articles 24, 26
and 27); the right of respect for private and family life (article 21); the right of political asylum
(article 28); the right to acquire a nationality (article 29); liberty of thought, belief and religion
(article 30); the right of private property (article 31); the right of information and liberty of
opinion, expression and research (article 32); the right to full consent to marriage (article 33).
The second category concerns economic, social and cultural rights and they demands some
positive actions from State and they are also more collectives than the individualistic character:
the right to work (article 34); the right to form trade unions (article 35); the right to social
protection (article 36); the right of development (article 37); the right of education (article 41);
the right to participate in cultural life (article 42); rights of minorities (article 25).
What is new and important in the new version is the confirmation of equality between men
and women in the Arab World (article 3 & 1). The new version also guarantees childrens rights
(article 34 & 3) and the rights of handicapped persons (article 40).
The Arab Charter States parties undertake to implement and protect the following rights and
freedoms as:
1. Right to non-discrimination: the right of all individuals to enjoy the rights and freedoms in
the Charter without distinction on grounds of race, colour, sex, language, religious belief,
opinion, thought, national or social origin, wealth, birth or physical or mental disability
(article 3);
2. the right to life (article 5);
3. freedom from torture (article 8);
4. the right to equality before the law and the equal protection of the law (article 11);
5. the right to privacy: no one is to be subject to arbitrary or unlawful interference with their
privacy, family, home or correspondence (article 21);
6. the right to political participation (article 24);
7. the freedom of movement and residence (article 26);
8. the prohibition of collective expulsions of aliens (article 26);
9. the right to nationality (article 29);
10. the freedom of thought, conscience and religion (article 30);
11. the right to own property (article 31);
12. the right to information and freedom of opinion and expression (article 32);

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13. the right to seek, receive and impart information and ideas (article 32);
14. the protection, survival, development and well-being of the child (article 33);
15. the right of workers to enjoy just and favorable work conditions (article 34);
16. the right to join or form trade unions (article 35);
17. the right to an adequate standard of living which includes access to food, clothing, housing,
services and the right to a healthy environment (article 38);
18. the right to health (article 39);
19. the right to education (article 41); and
20. the right to participate in cultural activities (article 42).
21. The Charter, moreover, guarantees that anyone whose rights or freedoms recognized within
the Charter are violated will have an effective remedy, notwithstanding that the violation has
been committed by persons acting in an official capacity (article 23).
Limitations of the rights contained in the Charter
The Charter permits States parties to take measures derogating from their obligations under the
Charter in exceptional situations of emergency which threaten the life of the nation (article 4).
States parties may only take such measures if they have officially proclaimed such an
emergency, where such measures are not inconsistent with their other obligations under
international law and do not involve discrimination solely on grounds of race, colour, sex,
language, religion or social origin. There are, however, provisions within the Charter from which
no derogation is permissible such as, for example, the right to life, freedom from torture,
freedom from slavery, right to a fair trial and the right to not be imprisoned for being unable to
pay a debt arising from a contractual obligation (article 4).
VI. NATURE & SCOPE OF HUMAN RIGHTS UNDER THE ARAB CHARTER
Article 1: Human rights is universal, indivisible, interdependent, interrelated and at the
center of national concerns
The present Charter seeks, within the context of the national identity of the Arab States and their sense of
belonging to a common civilization, to achieve the following aims:
1. To place human rights at the centre of the key national concerns of Arab States, making them lofty
and fundamental ideals that shape the will of the individual in Arab States and enable him to improve
his life in accordance with noble human values.
2. To teach the human person in the Arab States pride in his identity, loyalty to his country, attachment
to his land, history and common interests and to instill in him a culture of human brotherhood,
tolerance and openness towards others, in accordance with universal principles and values and with
those proclaimed in international human rights instruments.
3. To prepare the new generations in Arab States for a free and responsible life in a civil society that is
characterized by solidarity, founded on a balance between awareness of rights and respect for
obligations, and governed by the values of equality, tolerance and moderation.

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4. To entrench the principle that all human rights are universal, indivisible, interdependent and
interrelated.

Under Article 1 of Arab Charter intend to place human rights at the centre of the key national
concerns and to teach pride in his identity and loyalty to his country and to instill in him a culture
of human brotherhood, tolerance and openness towards others, in accordance with universal
principles and values and with those proclaimed in international human rights instruments. In
order to prepare the new generations a free and responsible life in a civil society that is
characterized by solidarity, founded on a balance between awareness of rights and respect for
obligations, and governed by the values of equality, tolerance and moderation. This article also
recognizes all human rights are universal, indivisible, interdependent and interrelated and also
entrenched. The claim of Arab Charter in this article is in concord with the philosophy of modern
human rights which have been evolved in the post war period. The effort is to reconcile Arab
culture of responsibility, brotherhood, pride, solidarity with right approach of western
civilization.
Article 2: Right of self determination
1. All peoples have the right of self-determination and to control over their natural wealth and resources,
and the right to freely choose their political system and to freely pursue their economic, social and
cultural development.
2. All peoples have the right to national sovereignty and territorial integrity.
3. All forms of racism, Zionism and foreign occupation and domination constitute an impediment to
human dignity and a major barrier to the exercise of the fundamental rights of peoples; all such
practices must be condemned and efforts must be deployed for their elimination.
4. All peoples have the right to resist foreign occupation.

Article 2 of the Arab Charter guarantees the right of self-determination. All peoples have the
right of self-determination and the right to national sovereignty and territorial integrity. It is
important to note this article declared that all forms of racism, Zionism and foreign occupation
constitute an impediment to human dignity and therefore such practices must be condemned and
efforts must be deployed for their elimination. The Charter recognizes that peoples have the right
to resist foreign occupation.
Article 3: Right of non-discrimination
1. Each State party to the present Charter undertakes to ensure to all individuals subject to its jurisdiction
the right to enjoy the rights and freedoms set forth herein, without distinction on grounds of race, colour,
sex, language, religious belief, opinion, thought, national or social origin, wealth, birth or physical or
mental disability.
2. The States parties to the present Charter shall take the requisite measures to guarantee effective
equality in the enjoyment of all the rights and freedoms enshrined in the present Charter in order to ensure

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protection against all forms of discrimination based on any of the grounds mentioned in the preceding
paragraph.
3. Men and women are equal in respect of human dignity, rights and obligations within the framework of
the positive discrimination established in favour of women by the Islamic Shariah, other divine laws and
by applicable laws and legal instruments. Accordingly, each State party pledges to take all the requisite
measures to guarantee equal opportunities and effective equality between men and women in the
enjoyment of all the rights set out in this Charter.

Article 3 of Arab Charter guaranteed right of non-discrimination by declaring all individuals


have right to enjoy the rights and freedoms set forth in this Charter without any qualification
such as race, colour, sex, language, religious belief, opinion, thought, national or social origin,
wealth, birth or physical or mental disability. The right of non-discrimination also have positive
dimension, the this article direct the State should take the requisite measures to guarantee
effective equality in the enjoyment of all the rights and freedoms in order to ensure protection
against all forms of discrimination based on any of the grounds mentioned above.
It also declared that men and women are equal in respect of human dignity, rights and
obligations within the framework of the positive discrimination established in favor of women by
the Islamic Sharias and laws. Therefore, State parties are under a responsibility to take all the
requisite measures to guarantee equal opportunities and effective equality between men and
women.
Article 4: No Derogation from Human rights
1. In exceptional situations of emergency which threaten the life of the nation and the existence of which
is officially proclaimed, the States parties to the present Charter may take measures derogating from their
obligations under the present Charter, to the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with their other obligations under international law and
do not involve discrimination solely on the grounds of race, colour, sex, language, religion or social
origin.
2. In exceptional situations of emergency, no derogation shall be made from the following articles: article
5, article 8, article 9, article 10, article 13, article 14, paragraph 6, article 15, article 18, article 19, article
20, article 22, article 27, article 28, article 29 and article 30. In addition, the judicial guarantees required
for the protection of the aforementioned rights may not be suspended.
3. Any State party to the present Charter availing itself of the right of derogation shall immediately
inform the other States parties, through the intermediary of the Secretary-General of the League of Arab
States, of the provisions from which it has derogated and of the reasons by which it was actuated. A
further communication shall be made, through the same intermediary, on the date on which it terminates
such derogation.

Article 4 of the Arab Charter guarantees non derogation from human rights in public emergency.
When there is an exceptional situation of emergency which threaten the life of the nation and the
existence of which is officially proclaimed, the States may take measures derogating from their
human right obligations, to the extent strictly required by the exigencies of the situation. Such
measures should not be inconsistent with their other obligations under international law and do

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not involve discrimination solely on the grounds of race, colour, sex, language, religion or social
origin.
However, in exceptional situations of emergency, no derogation shall be made from the
articles: article 5 (right to life), article 8 to 10, article 13 and 14 (6), article 15, article 18 to 20,
article 22, article 27 to 30. In addition, the judicial guarantees required for the protection of the
aforementioned rights may not be suspended. State, is also responsible when availing the right of
derogation, to inform immediately to other States through the Secretary-General of the League of
Arab States about the derogation when started with reasons and also when such derogation
terminates.
Article 5: Right to Life
1. Every human being has the inherent right to life.
2. This right shall be protected by law. No one shall be arbitrarily deprived of his life

Article 5 guarantees right to life as human being possess it inherently. Right to life shall be
protected by law and no arbitrary deprivation of life is allowed. However, the right to life is not
absolute. The person can be deprived by laws which are non-arbitrary.
Article 6: Death Penalty only for most serious Crime
Sentence of death may be imposed only for the most serious crimes in accordance with the laws in force
at the time of commission of the crime and pursuant to a final judgment rendered by a competent court.
Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence.

Article 6 provides that death sentence may be imposed only for the most serious crimes. The
condition is it should in accordance with the laws in force at the time of commission of the crime
and pursuant to a final judgment rendered by a competent court. Such person shall have the right
to seek pardon or commutation of the sentence. What are the crimes comes in the category of
most serious crime, is a question to be determined on the basis of domestic legal system.
Article 7: No Death Penalty on minor and woman pregnant or nursing
1. Sentence of death shall not be imposed on persons under 18 years of age, unless otherwise stipulated in
the laws in force at the time of the commission of the crime.
2. The death penalty shall not be inflicted on a pregnant woman prior to her delivery or on a nursing
mother within two years from the date of her delivery; in all cases, the best interests of the infant shall be
the primary consideration.

Section 7 prohibits the death sentence on persons below 18 years of age, unless otherwise
stipulated in the laws in force at the time of the commission of the crime. The death sentence is
also prohibited for a pregnant woman prior to her delivery or on a nursing mother within two

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years from the date of her delivery; in all cases, the best interests of the infant shall be the
primary consideration.
Article 8: Prohibition of Torture, Cruel, Inhuman or Degrading Treatment
1. No one shall be subjected to physical or psychological torture or to cruel, degrading, humiliating or
inhuman treatment.
2. Each State party shall protect every individual subject to its jurisdiction from such practices and shall
take effective measures to prevent them. The commission of, or participation in, such acts shall be
regarded as crimes that are punishable by law and not subject to any statute of limitations. Each State
party shall guarantee in its legal system redress for any victim of torture and the right to rehabilitation and
compensation.

Section 8 prohibits the physical or psychological torture or to cruel, degrading, humiliating or


inhuman treatment. State is bound to protect every individual from such practices and shall take
effective measures to prevent them. The commission of torture shall be regarded as crimes and
not subject to any statute of limitations. State has to guarantee in its legal system redress for any
victim of torture and the right to rehabilitation and compensation.
Article 9: No medical experimentation or use of organ without consent
No one shall be subjected to medical or scientific experimentation or to the use of his organs without his
free consent and full awareness of the consequences and provided that ethical, humanitarian and
professional rules are followed and medical procedures are observed to ensure his personal safety
pursuant to the relevant domestic laws in force in each State party. Trafficking in human organs is
prohibited in all circumstances.

Article 9 guarantees that person should not be subjected to medical or scientific experimentation
or to the use of his organs without his free consent. While the consent is obtained he should be
given full awareness of the consequences. It is also necessary that ethical, humanitarian and
professional rules must be followed and medical procedures are observed to ensure his personal
safety pursuant. This article also declared that trafficking in human organs is prohibited in all
circumstances.
Article 10: Prohibition of Slavery and Trafficking
1. All forms of slavery and trafficking in human beings are prohibited and are punishable by law. No one
shall be held in slavery and servitude under any circumstances.
2. Forced labor, trafficking in human beings for the purposes of prostitution or sexual exploitation, the
exploitation of the prostitution of others or any other form of exploitation or the exploitation of children
in armed conflict are prohibited.

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Article 10 prohibit slavery and trafficking in human beings in all its form. It is declared offence
as punishable by law. The person shall not be held in slavery and servitude under any
circumstances. There are numerous form and manifestation of slavery or trafficking, such as
forced labor, trafficking in human beings for the purposes of prostitution or sexual exploitation,
the exploitation of the prostitution of others or any other form of exploitation or the exploitation
of children in armed conflict- all these manifestations are prohibited.
Article 11: Equality before law
All persons are equal before the law and have the right to enjoy its protection without discrimination.

Article 11 declared that all persons are equal before the law. This is a negative aspect of the
equality. The positive side of the equality is also declared by this Article as all persons have the
right to enjoy its protection without discrimination.
Article 12: Equality before courts and independence of judiciary
All persons are equal before the courts and tribunals. The States parties shall guarantee the independence
of the judiciary and protect magistrates against any interference, pressure or threats. They shall also
guarantee every person subject to their jurisdiction the right to seek a legal remedy before courts of all
levels.

Article 12 guarantees three kinds of rights, firstly that all persons are equal before the courts and
tribunals. Secondly that the States should provide guarantee of the independence of the judiciary
and protection of magistrates against any interference, pressure or threats. Thirdly, the state shall
also guarantee of the right of a person to seek a legal remedy before courts of all levels.
Article 13: Right to fair trial
1. Everyone has the right to a fair trial that affords adequate guarantees before a competent, independent
and impartial court that has been constituted by law to hear any criminal charge against him or to decide
on his rights or his obligations. Each State party shall guarantee to those without the requisite financial
resources legal aid to enable them to defend their rights.
2. Trials shall be public, except in exceptional cases that may be warranted by the interests of justice in a
society that respects human freedoms and rights.

Article 13 guarantees for the fair trial and opportunity of hearing. Everyone has the right to a fair
trial that affords adequate guarantees before Court. This court is a competent, independent and
impartial established by law. It is also necessary to have financial arrangement to provide legal
aid to enable them to defend their rights. The Trials shall be held in public, except in the interests
of justice.

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Article 14: Right to Liberty and security and rights of arrested person
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest,
search or detention without a legal warrant.
2. No one shall be deprived of-his liberty except on such grounds and in such circumstances as is
determined by law and in accordance with such procedure as is established thereby.
3. Anyone who is arrested shall be informed, at the time of arrest, in a language that he understands, of
the reasons for his arrest and shall be promptly informed of any charges against him. He shall be entitled
to contact his family members.
4. Anyone who is deprived of his liberty by arrest or detention shall have the right to request a medical
examination and must be informed of that right.
5. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other
officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time
or to release. His release may be subject to guarantees to appear for trial. Pre-trial detention shall in no
case be the general rule.
6. Anyone who is deprived of his liberty by arrest or detention shall be entitled to petition a competent
court in order that it may decide without delay on the lawfulness of his arrest or detention and order his
release if the arrest or detention is unlawful.
7. Anyone who has been the victim of arbitrary or unlawful arrest or detention shall be entitled to
compensation.

Article 14 provides right to liberty and security. There are number of components of this right.
Firstly, the person shall not be subjected to arbitrary arrest, search or detention without a legal
warrant. Secondly the person shall not be deprived of his liberty except procedure established by
law. Thirdly, the arrested person shall be informed about the reasons for his arrest in the
language which he understands and he shall be entitled to contact his family members. Fourthly,
such person has the right to request a medical examination and must be informed of that right.
Fifthly, arrested person on a criminal charge shall be brought promptly before a judge and shall
be entitled to trial within a reasonable time or to release. Detention before the trial shall not be
the general rule. Sixthly, arrested person is entitled to make petition in a competent court to
decide the legality and order his release if the arrest is unlawful. Lastly, person who has been the
victim of arbitrary or unlawful arrest is entitling for compensation.
Article 15: No crime or punishment without law
No crime and no penalty can be established without a prior provision of the law. In all circumstances, the
law most favorable to the defendant shall be applied.

Article 15 has provided two guarantees to the person, firstly, there is no crime and no penalty
without established law, and secondly, the law which is the most favorable to the defendant shall
be applied in every circumstance.

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Article 16: Presumption of Innocence until proved guilty and Rights of Detenues
Everyone charged with a criminal offence shall be presumed innocent until proved guilty by a final
judgment rendered according to law and, in the course of the investigation and trial, he shall enjoy the
following minimum guarantees:
1. The right to be informed promptly, in detail and in a language which he understands, of the charges
against him.
2. The right to have adequate time and facilities for the preparation of his defense and to be allowed to
communicate with his family.
3. The right to be tried in his presence before an ordinary court and to defend himself in person or through
a lawyer of his own choosing with whom he can communicate freely and confidentially.
4. The right to the free assistance of a lawyer who will defend him if he cannot defend himself or if the
interests of justice so require, and the right to the free assistance of an interpreter if he cannot understand
or does not speak the language used in court.
5. The right to examine or have his lawyer examines the prosecution witnesses and to on defense
according to the conditions applied to the prosecution witnesses.
6. The right not to be compelled to testify against himself or to confess guilt.
7. The right, if convicted of the crime, to file an appeal in accordance with the law before a higher
tribunal.
8. The right to respect for his security of person and his privacy in all circumstances.

Article 16 provides the guarantees of the principles of criminal justice available to accused under
modern criminal law. The person charged with offence shall be presumed innocent until proved
guilty and in the course of the investigation and trial, he enjoy some minimum eight guarantees:
the right to be informed the charges promptly in a language which he understands; the right to
have adequate time and facilities for the preparation of his defense; the right to be tried in his
presence before an ordinary court and to defend himself in person or through a lawyer of his own
choosing; the right to the free assistance of a lawyer and if needed interpreter; the right to
examine the prosecution witnesses; the right not to be compelled to testify against himself; the
right to file an appeal before a higher tribunal; the right to respect security of person and privacy
in all circumstances. These all the eight rights to be guaranteed under the domestic criminal to
every accused facing a trial or prosecution.
Article 17: Protection and Special treatment to Juvenile
Each State party shall ensure in particular to any child at risk or any delinquent charged with an offence
the right to a special legal system for minors in all stages of investigation, trial and enforcement of
sentence, as well as to special treatment that takes account of his age, protects his dignity, facilitates his
rehabilitation and reintegration and enables him to play a constructive role in society.

Article 17 provides the special protection to the juvenile. State shall ensure that any child
charged with an offence, he has a right to a special legal system in all stages of investigation,

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trial and enforcement of sentence. The child also deserves to get a special treatment that takes
account of his age and dignity which facilitates his rehabilitation and reintegration.
Article 18: No Imprisonment for inability of contractual obligation
No one who is shown by a court to be unable to pay a debt arising from a contractual obligation shall be
imprisoned.

Article 18 prohibits the imprisonment for the person who is unable to pay a debt arising from a
contractual obligation.
Article 19: Protection from Double Jeopardy
1. No one may be tried twice for the same offence. Anyone against whom such proceedings are brought
shall have the right to challenge their legality and to demand his release.
2. Anyone whose innocence is established by a final judgment shall be entitled to compensation for the
damage suffered.

Article 19 provides the guarantees of criminal justice to person. The person may not be tried
twice for the same offence, which is known as guarantee against double jeopardy. If person face
such proceedings shall have the right to challenge their legality and to demand his release. The
person establishes his innocence by a final judgment is entitled to compensation.
Article 20: Prisoners right to be treated with humanity
1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent
dignity of the human person.
2. Persons in pre-trial detention shall be separated from convicted persons and shall be treated in a
manner consistent with their status as un-convicted persons.
3. The aim of the penitentiary system shall be to reform prisoners and effect their social rehabilitation.

Article 20 provides the right of prisoners to be treated with dignity. The person deprived of his
liberty is entitled to get respect to the inherent dignity of the human person and humanity. If the
person is in detention, the pre-trial detunes shall kept be separate from convicted persons and are
entitled to be treated as un-convicted persons. The aim of the prison system should be to reform
the person and facilitates his social rehabilitation but not to punish them.
Article 21: Right to Privacy
1. No one shall be subjected to arbitrary or unlawful interference with regard to his privacy, family, home
or correspondence, nor to unlawful attacks on his honour or his reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.

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Article 21 prohibited the interference or attack on right to privacy. The right to privacy has wider
dimension. The person shall not be subjected to arbitrary or unlawful interference in his privacy,
family, home or correspondence or to unlawful attacks on his honour or his reputation. The
person has the right to the protection of the law against such interference or attacks. Thus, the
right to privacy includes protection from arbitrary interference in the home and correspondence;
and also the protection from attack on honour or reputation.
Article 22: Right of Recognition as a Person
Everyone shall have the right to recognition as a person before the law.

Article 22 provides that the person have the right to recognition as a person before the law.
Article 23: Right to effective Remedy
Each State party to the present Charter undertakes to ensure that any person whose rights or freedoms as
herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been
committed by persons acting in an official capacity.

Article 23 provides for the right to effective remedy. Any person whose rights or freedoms are
violated is entitled for an effective remedy. There is no excuse to person even if the person has
acting in an official capacity.
Article 24: Right to participate in public affairs and politics
Every citizen has the right:
1. To freely pursue a political activity.
2 To take part in the conduct of public affairs, directly or through freely chosen representatives.
3. To stand for election or choose his representatives in free and impartial elections, in conditions of
equality among all citizens that guarantee the free expression of his will.
4. To the opportunity to gain access, on an equal footing with others, to public office in his country in
accordance with the principle of equality of opportunity.
5. To freely form and join associations with others.
6. To freedom of association and peaceful assembly.
7. No restrictions may be placed on the exercise of these rights other than those which are prescribed by
law and which are necessary in a democratic society in the interests of national security or public safety,
public health or morals or the protection of the rights and freedoms of others.

Article 24 provides the right to citizen (as this right is not available to every person) to pursue
political activities including to take part in the conduct of public affairs, to contest election or
choose his representatives and also to the opportunity to gain access to public office in his
country in accordance with the principle of equality of opportunity.

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The article 24 also recognizes the right of freedom to form and join associations and peaceful
assembly. There shall not be any restrictions on the exercise of these rights other than those
which are prescribed by law.
The restrictions must be justifiable in a democratic society in the interests of national security
or public safety, public health or morals or the protection of the rights and freedoms of others.
Article 25: Right to Minorities
Persons belonging to minorities shall not be denied the right to enjoy their own culture, to use their own
language and to practice their own religion. The exercise of these rights shall be governed by law.

Article 25 provides Persons belonging to minorities shall not be denied the right to enjoy their
own culture, to use their own language and to practice their own religion. The exercise of these
rights shall be governed by law.
Article 26: Right to Freedom of movement and protection from expulsion
1. Everyone lawfully within the territory of a State party shall, within that territory, have the right to
freedom of movement and to freely choose his residence in any part of that territory in conformity with
the laws in force.
2. No State party may expel a person who does not hold its nationality but is lawfully in its territory,
other than in pursuance of a decision reached in accordance with law and after that person has been
allowed to submit a petition to the competent authority, unless compelling reasons of national security
preclude it. Collective expulsion is prohibited under all circumstances.

Article 26 provides the right to freedom of movement within the country. The person who is
lawfully within the territory of a State, shall have the right to freedom of movement and to freely
choose his residence in any part of the territory in conformity with the laws in force.
The State may not expel a foreigner but is lawfully in its territory. The decision of expulsion
must be taken in accordance with law and after that person has been allowed to submit a petition
to the competent authority. The person may be expelled for compelling reasons of national
security; however, the collective expulsion is prohibited under all circumstances.
Article 27: Right to reside, leave and return the country
1. No one may be arbitrarily or unlawfully prevented from leaving any country, including his own, nor
prohibited from residing, or compelled to reside, in any part of that country.
2. No one may be exiled from his country or prohibited from returning thereto.

Article 27 prohibits the state to prevent the person from the residence, leaving the country and
return back to country. The person may not be arbitrarily or unlawfully prevented from leaving
any country, nor prohibited from residing, or compelled to reside, in any part of that country.

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This right also includes that person may not be exiled from his country or prohibited from
returning thereto.
Article 28: Right to political asylum
Everyone has the right to seek political asylum in another country in order to escape persecution. This
right may not be invoked by persons facing prosecution for an offence under ordinary law. Political
refugees may not be extradited.

Article 28 provides the right to seek political asylum. The person has the right to seek political
asylum in another country in order to escape persecution. However, this right is not available to
person who is facing prosecution for an offence under ordinary law. This article also prohibits
the extradition of political refugees.
Article 29: Right to Nationality
1. Everyone has the right to nationality. No one shall be arbitrarily or unlawfully deprived of his
nationality.
2. States parties shall take such measures as they deem appropriate, in accordance with their domestic
laws on nationality, to allow a child to acquire the mother's nationality, having due regard, in all cases, to
the best interests of the child.
3. Non one shall be denied the right to acquire another nationality, having due regard for the domestic
legal procedures in his country.

Article 30 declares every person have the right to nationality. The issues in the right of
nationality are involved: denial of nationality, nationality to newly born children and acquiring
nationality of another country. According article 30, the person shall not be arbitrarily or
unlawfully deprived of his nationality by the state. States is under a responsibility to take such
measures to allow a child to acquire the mother's nationality. In such cases the best interests of
the child is to be considered. The person shall not be denied the right to acquire another
nationality.
Article 30: Right to Thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion and no restrictions may be
imposed on the exercise of such freedoms except as provided for by law.
2. The freedom to manifest one's religion or beliefs or to perform religious observances, either alone or in
community with others, shall be subject only to such limitations as are prescribed by law and are
necessary in a tolerant society that respects human rights and freedoms for the protection of public safety,
public order, public health or morals or the fundamental rights and freedoms of others.
3. Parents or guardians have the freedom to provide for the religious and moral education of their
children.

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Article 30 provides the right to freedom of thought, conscience and religion subject to the
restrictions only imposed by law. However, the freedom to manifest one's religion either alone or
in community with others shall be subject to limitations as prescribed only by law. These
restrictions justifiable in a tolerant society that respects human rights and freedoms for the
protection of public safety, public order, public health or morals or the fundamental rights and
freedoms of others. The parents have the freedom to provide religious and moral education to
their children.
Article 31: Right to Property
Everyone has a guaranteed right to own private property, and shall not under any circumstances be
arbitrarily or unlawfully divested of all or any part of his property.

Article 31 guarantees every person a right to own private property. In any circumstances
property of a person shall not be arbitrarily or unlawfully divested of all or any part from him.
Article 32: Right to Information and freedom of opinion
1. The present Charter guarantees the right to information and to freedom of opinion and expression, as
well as the right to seek, receive and impart information and ideas through any medium, regardless of
geographical boundaries.
2. Such rights and freedoms shall be exercised in conformity with the fundamental values of society and
shall be subject only to such limitations as are required to ensure respect for the rights or reputation of
others or the protection of national security, public order and public health or morals.

Article 32 guarantees three interrelated rights with regards to information: the right to
information, freedom of opinion and expression, and right to seek, receive and impart
information and ideas through any medium, regardless of geographical boundaries. However,
this right is not absolute; it shall be exercised in conformity with the fundamental values of
society. It is also subject to such limitations as are required to ensure respect for the rights or
reputation of others or the protection of national security, public order and public health or
morals.
Article 33: Right to marry and found family
1. The family is the natural and fundamental group unit of society; it is based on marriage between a man
and a woman. Men and women of marrying age have the right to marry and to found a family according
to the rules and conditions of marriage. No marriage can take place without the full and free consent of
both parties. The laws in force regulate the rights and duties of the man and woman as to marriage, during
marriage and at its dissolution.
2. The State and society shall ensure the protection of the family, the strengthening of family ties, the
protection of its members and the prohibition of all forms of violence or abuse in the relations among its

21
members, and particularly against women and children. They shall also ensure the necessary protection
and care for mothers, children, older persons and persons with special needs and shall provide adolescents
and young persons with the best opportunities for physical and mental development.
3. The States parties shall take all necessary legislative, administrative and judicial measures to guarantee
the protection, survival, development and well-being of the child in an atmosphere of freedom and dignity
and shall ensure, in all cases, that the child's best interests are the basic criterion for all measures taken in
his regard, whether the child is at risk of delinquency or is a juvenile offender.
4. The States parties shall take all the necessary measures to guarantee, particularly to young persons, the
right to pursue a sporting activity.

Article 33 declares that the family is the natural and fundamental group unit of society and such
group is based on marriage between a man and a woman. Article 33 provides right to every man
and woman of marrying age have the right to marry and to found a family according to the rules
and conditions of marriage. The marriage cannot take place without the full and free consent of
both parties. The consent is the basis of marriage and it is subject to law in force.
This article also provides protection to family system by imposing responsibility on the State
and society that they should ensure the protection of the family and all its members and the
strengthening of family ties. All forms of violence or abuse in the relations among its members,
and particularly against women and children are prohibited.
State and society shall also ensure the necessary protection and care for mothers, children,
older persons and persons with special needs and shall provide adolescents and young persons
with the best opportunities for physical and mental development.
It is a responsibility of States to take all necessary legislative, administrative and judicial
measures to guarantee the protection, survival, development and well-being of the child in an
atmosphere of freedom and dignity. It should be ensured in all cases, that the child's best
interests are the basic criterion for all measures taken in his regard, whether the child is at risk of
delinquency or is a juvenile offender.
The States shall take all the necessary measures to guarantee, particularly to young persons,
the right to pursue a sporting activity.
Article 34: Right to Work
1. The right to work is a natural right of every citizen. The State shall endeavor to provide, to the extent
possible, a job for the largest number of those willing to work, while ensuring production, the freedom to
choose one's work and equality of opportunity without discrimination of any kind on grounds of race,
colour, sex, religion, language, political opinion, membership in a union, national origin, social origin,
disability or any other situation.
2. Every worker has the right to the enjoyment of just and favourable conditions of work which ensure
appropriate remuneration to meet his essential needs and those of his family and regulate working hours,
rest and holidays with pay, as well as the rules for the preservation of occupational health and safety and
the protection of women, children and disabled persons in the place of work.

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3. The States parties recognize the right of the child to be protected from economic exploitation and from
being forced to perform any work that is likely to be hazardous or to interfere with the child's education or
to be harmful to the child's health or physical, mental, spiritual, moral or social development. To this end,
and having regard to the relevant provisions of other international instruments, States parties shall in
particular:
(a) Define a minimum age for admission to employment;
(b) Establish appropriate regulation of working hours and conditions;
(c) Establish appropriate penalties or other sanctions to ensure the effective endorsement of these
provisions.
4. There shall be no discrimination between men and women in their enjoyment of the right to effectively
benefit from training, employment and job protection and the right to receive equal remuneration for
equal work.
5. Each State party shall ensure to workers who migrate to its territory the requisite protection in
accordance with the laws in force.

Article 34 guarantees the right to work as a natural right of every citizen (this guarantees is not
applicable to any person). The responsibility of the State is to provide, to the extent possible, a
job for the largest number of those willing to work.
The state should also pay attention to the freedom to choose one's work and equality of
opportunity without discrimination on grounds of race, colour, sex, religion, language, and
political opinion, membership in a union, national origin, social origin, disability or any other
situation.
The worker has the right to just and favorable conditions of work which ensure appropriate
remuneration to meet his essential needs and those of his family. The working condition should
consider working hours, rest and holidays with pay, as well as the rules for the preservation of
occupational health and safety and the protection of women, children and disabled persons in the
place of work.
The children have right to be protected from economic exploitation and from being forced to
perform any work that is likely to be hazardous or to interfere with the child's education or to be
harmful to the child's health or physical, mental, spiritual, moral or social development.
In order to achieve this aim, States shall in particular define a minimum age for admission to
employment; establish appropriate regulation of working hours and conditions; and establish
appropriate penalties or other sanctions to ensure the effective endorsement of these provisions.
The discrimination between men and women is prohibited particularly in their right to
effectively benefit from training, employment and job protection and the right to receive equal
remuneration for equal work. The migrant workers are entitled for requisite protection in
accordance with the laws in force.
Article 35: Right to Form trade union
1. Every individual has the right to freely form trade unions or to join trade unions and to freely pursue
trade union activity for the protection of his interests.

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2. No restrictions shall be placed on the exercise of these rights and freedoms except such as are
prescribed by the laws in force and that are necessary for the maintenance of national security, public
safety or order or for the protection of public health or morals or the rights and freedoms of others.
3. Every State party to the present Charter guarantees the right to strike within the limits laid down by the
laws in force.

Article 35 provides rights with respect to trade union. This right has three aspects: form or join
the union, participate in the union and to go on strike. Article 35 says that every individual has
the right to form trade unions or to join trade unions and to freely pursue trade union activity for
the protection of his interests. This right is subject to restrictions as are prescribed by the laws
and that are necessary for the maintenance of national security, public safety or order or for the
protection of public health or morals or the rights and freedoms of others.
The right to strike is a part of the right to join the union which of guaranteed under the
Charter, however, it is to be exercised within the limits laid down by the laws.
Article 36: Right to Social Security
The States parties shall ensure the right of every citizen to social security, including social insurance.

Article 36 provides right to social security and social issuance. It is the responsibility of the
States to ensure the right of every citizen to social security, including social insurance.
Article 37: Right to development
The right to development is a fundamental human right and all States are required to establish the
development policies and to take the measures needed to guarantee this right. They have a duty to give
effect to the values of solidarity and cooperation among them and at the international level with a view to
eradicating poverty and achieving economic, social, cultural and political development. By virtue of this
right, every citizen has the right to participate in the realization of development and to enjoy the benefits
and fruits thereof.

Article 37 recognizes the right to development as a fundamental human right. The Arab Charter
recognizes the right to development at both the level: it is operational at international level for
the states and also at domestic level for individual. It is the responsibility of State to establish the
development policies and to take the measures needed to guarantee this right. The states are duty
bound to give effect to the values of solidarity and cooperation among them. The right to
development also has an international dimension.
Article 37 directs that it should be implemented at the international level with a view to
eradicating poverty and achieving economic, social, cultural and political development. The
implication of right to development for an individual is that by virtue of this right, every citizen
has the right to participate in the realization of development and to enjoy the benefits and fruits
thereof.

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Article 38: Right to an adequate standard of living
Every person has the right to an adequate standard of living for himself and his family, which ensures
their well-being and a decent life, including food, clothing, housing, services and the right to a healthy
environment. The States parties shall take the necessary measures commensurate with their resources to
guarantee these rights.

Article 38 guarantees the right to adequate standard of living. Under Article 38 every person has
the right to an adequate standard of living for himself and his family. The right is granted to
persons to ensure well-being and a decent life, including food, clothing, housing, services and the
right to a healthy environment. It is a responsibility of the States to take the necessary measures
commensurate with their resources to make this a reality.
Article 39: Right to enjoy highest attainable standard
1. The States parties recognize the right of every member of society to the enjoyment of the highest
attainable standard of physical and mental health and the right of the citizen to free basic health-care
services and to have access to medical facilities without discrimination of any kind.
2. The measures taken by States parties shall include the following:
(a) Development of basic health-care services and the guaranteeing of free and easy access to the centers
that provides these services, regardless of geographical location or economic status.
(b) Efforts to control disease by means of prevention and cure in order to reduce the morality rate.
(c) Promotion of health awareness and health education.
(d) Suppression of traditional practices which are harmful to the health of the individual.
(e) Provision of the basic nutrition and safe drinking water for all.
(f) Combating environmental pollution and providing proper sanitation systems;
(g) Combating drugs, psychotropic substances, smoking and substances that are damaging to health.

Article 39 recognizes the right to enjoy highest attainable standard of physical and mental health.
This right is applicable to the member of the society and citizens. States recognize the right of
every member of society to the enjoyment of the highest attainable standard of physical and
mental health. The state also recognizes the right of the citizen to free basic health-care services
and to have access to medical facilities without discrimination of any kind.
As a part of the implementation of this rights, state has to undertake various measures
including: development of basic health-care services available freely and easily without
discrimination of geographical location or economic status; efforts to control disease by
prevention and cure; promotion of health awareness through education; suppression of harmful
traditional practices; provision of the basic nutrition and safe drinking water; combating
environmental pollution and providing proper sanitation systems; and combating drugs,
psychotropic substances, smoking.

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Article 40: Right of Disabled
1. The States parties undertake to ensure to persons with mental or physical disabilities a decent life that
guarantees their dignity, and to enhance their self-reliance and facilitate their active participation in
society.
2. The States parties shall provide social services free of charge for all persons with disabilities, shall
provide the material support needed by those persons, their families or the families caring for them, and
shall also do whatever is needed to avoid placing those persons in institutions. They shall in all cases take
account of the best interests of the disabled person. 3. The States parties shall take all necessary measures
to curtail the incidence of disabilities by all possible means, including preventive health programmes,
awareness raising and education.
4. The States parties shall provide full educational services suited to persons with disabilities, taking into
account the importance of integrating these persons in the educational system and the importance of
vocational training and apprenticeship and the creation of suitable job opportunities in the public or
private sectors.
5. The States parties shall provide all health services appropriate for persons with disabilities, including
the rehabilitation of these persons with a view to integrating them into society.
6. The States parties shall enable persons with disabilities to make use of all public and private services.

Article 40 provides the right of disable person. There are various activities which are needed to
be done by the State to integrate the person with disabilities into the society.
It is the responsibility of State to ensure the persons with mental or physical disabilities a
decent life. The state should provide guarantees to their dignity, and to enhance their selfreliance and facilitate their active participation in society. The person with disabilities should be
provided all social services free of charge.
The state shall also provide the material support to needy persons and their families. The
state should make an effort to support families who are caring them so to avoid placing them in
institutions. The best interest of the disabled person is the main consideration while taking any
decision in his matter.
The State is under responsibility to curtail the incidence of disabilities by all possible means.
They should undertake preventive health programmes, awareness raising and education.
The State is also under responsibilities to provide full suitable educational services which are
integrating these persons in the educational system. The state shall also take into account as a
part of such program to provide vocational training and apprenticeship and the creation of
suitable job opportunities in the public or private sectors.
The health services which are appropriate for disable should be provided which may include
the rehabilitation with a view to integrating them into society.
The person with disabilities should be made enabled to make use of all public and private
services.

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Article 41: Right to education
1. The eradication of illiteracy is a binding obligation upon the State and everyone has the right to
education.
2. The States parties shall guarantee their citizens free education at least throughout the primary and basic
levels. All forms and levels of primary education shall be compulsory and accessible to all without
discrimination of any kind.
3. The States parties shall take appropriate measures in all domains to ensure partnership between men
and women with a view to achieving national development goals.
4. The States parties shall guarantee to provide education directed to the full development of the human
person and to strengthening respect for human rights and fundamental freedoms.
5. The States parties shall endeavor to incorporate the principles of human rights and fundamental
freedoms into formal and informal education curricula and educational and training programmes.
6. The States parties shall guarantee the establishment of the mechanisms necessary to provide ongoing
education for every citizen and shall develop national plans for adult education.

Article 41 provides guarantees of right to education to everyone. It is the binding obligation on


the State to eradicate illiteracy.
As a right to education of every individual, States is under the responsibility to provide to
their citizens (here no individual but only citizen) free and compulsory education at least
throughout the primary and basic levels. The primary education in every form is not only
compulsory but also accessible to all without discrimination.
It is also the responsibility of the States to take appropriate measures to ensure partnership
between men and women with a view to achieve national development goals. The education
should be directed to the full development of the human person and to strengthening respect for
human rights and fundamental freedoms. The education should incorporate the principles of
human rights and fundamental freedoms into formal and informal education curricula and
educational and training programmes.
It is also the responsibility of the States to establish the mechanisms to provide continuing or
ongoing education for every citizen including adult education.
Article 42: Right to take part in cultural life
1. Every person has the right to take part in cultural life and to enjoy the benefits of scientific progress
and its application.
2. The States parties undertake to respect the freedom of scientific research and creative activity and to
ensure the protection of moral and material interests resulting from scientific, literary and artistic
production.
3. The state parties shall work together and enhance cooperation among them at all levels, with the full
participation of intellectuals and inventors and their organizations, in order to develop and implement
recreational, cultural, artistic and scientific programmes.

27
Article 42 provides the right of every person to take part in cultural life and to enjoy the benefits
of scientific progress and its application. The freedom of scientific research and creative activity
of individual is recognised with a view to ensure the protection of moral and material interests
resulting from scientific, literary and artistic production. In order to develop and implement
recreational, cultural, artistic and scientific programmes, the state is under an obligation work in
cooperation intellectuals and inventors and their organizations.
Article 43: No interpretation so as impairing the rights and freedoms
Nothing in this Charter may be construed or interpreted as impairing the rights and freedoms protected by
the domestic laws of the States parties or those set force in the international and regional human rights
instruments which the states parties have adopted or ratified, including the rights of women, the rights of
the child and the rights of persons belonging to minorities.

Article 43 provides the rule of interpretation. The provisions of the Charter should not be
interpreted in the way which will impair the rights and freedoms protected by the domestic laws,
international and regional human rights instruments which the states parties have adopted or
ratified. The specifically the rights of women, the rights of the child and the rights of persons
belonging to minorities should not be interpreted in the way which may impair their rights.
Article 44: Obligation of legislative/non-legislative measures to give effect
The states parties undertake to adopt, in conformity with their constitutional procedures and with the
provisions of the present Charter, whatever legislative or non-legislative measures that may be necessary
to give effect to the rights set forth herein.

Article 44 provides that the states are under an obligation to adopt all legislative or nonlegislative measures to give effect, in accordance with the constitutional procedures, to the rights
set forth in the Arab Charter
VII. ENFORCEMENT MECHANISM: THE ARAB HUMAN RIGHTS COMMITTEE
There are three article devoted for the enforcement mechanism of the Arab Charter. The Charter,
under article 45, establishes the Arab Human Rights Committee of seven members for four year.
Article 46 elaborate the vacancies-how to fill up. Article 47 immunities which are available to
the member of the Committee and last Article 48 provides details about the obligation of the
member state to submit periodic Report to Secretary General of League. There is no further
mechanism or any other organ for the supervision of human rights observance of human rights
under Arab League. States parties in accordance with article 48 undertake to submit reports on
the measures they have taken to give effect to the rights and freedoms recognized in the Charter
and on the progress made towards their enjoyment. The Committee will consider the reports in
the presence, and with the participation, of the State party in question. The Committee may

28
request additional information relating to the implementation of the Charter. Having considered
the report, the Committee will issue final comments and recommendations which will be
included in the annual report to the Council of the League of Arab States.
It is to be noted that under article 48 the Committee is empowered to issue general
recommendations or comments, similar to those issued by the United Nations human rights
treaty bodies, on the Charter in order to clarify State parties duties with respect to certain
provisions and/or suggest approaches to implementing the provisions of the Charter. The reports,
final comments and recommendations of the Committee are to be made public and the
Committee will ensure wide dissemination of this documentation (article 48).
Article 45: Establishment and Composition of Arab Human Rights Committee
1. Pursuant to this Charter, an "Arab Human Rights Committee", hereinafter referred to as "the
Committee" shall be established. This Committee shall consist of seven members who shall be elected by
secret ballot by the states parties to this Charter.
2. The Committee shall consist of nationals of the states parties to the present Charter, who must be
highly experienced and competent in the Committee's field of work. The members of the Committee shall
serve in their personal capacity and shall be fully independent and impartial.
3. The Committee shall include among its members not more than one national of a State party; such
member may be re-elected only once. Due regard shall be given to the rotation principle.
4. The members of the Committee shall be elected for a four-year term, although the mandate of three of
the members elected during the first election shall be for two years and shall be renewed by lot.
5. Six months prior to the date of the election, the Secretary-General of the League of Arab States shall
invite the States parties to submit their nominations within the following three months. He shall transmit
the list of candidates to the States parties two months prior to the date the election. The candidates who
obtain the largest number of votes cast shall be elected to membership of the Committee. If, because two
or more candidates have an equal number of votes, the number of candidates with the largest number of
votes exceeds the number required, a second ballot will be held between the persons with equal numbers
of votes. If the votes are again equal, the member or members shall be selected by lottery. The first
election for membership of the Committee shall be held at least six months after the Charter enters into
force.
6. The Secretary-General shall invite the States parties to a meeting at the headquarters the League of
Arab States in order to elect the member of the Committee. The presence of the majority of the States
parties shall constitute a quorum. If there is no quorum, the secretary-General shall call another meeting at
which at least two thirds of the States parties must be present. If there is still no quorum, the SecretaryGeneral shall call a third meeting, which will be held regardless of the number of States parties present.
7. The Secretary-General shall convene the first meeting of the Committee, during the course of which the
Committee shall elect its Chairman from among its members, for a two-year which may be renewed only
once and for an identical period. The Committee shall establish its own rules of procedure and methods of
work and shall determine how often it shall met. The Committee shall hold its meetings at the
headquarters of the League of Arab States. They also meet in any other State party to the present Charter
at that party's invitation.

29
Article 46: Vacancies in Human Rights Committee
1. The Secretary-General shall declare a seat vacant after being notified by the Chairman of a member's:
(a) Death;
(b) Resignation; or
(c) If, in the unanimous, opinion of the other members, a member of the Committee has ceased to
perform his functions without offering an acceptable justification or for any reason other than a
temporary absence.
2. If a member's seat is declared vacant pursuant to the provisions of paragraph 1 and the term of office
of the member to be replaced does not expire within six months from the date on which the vacancy was
declared, the Secretary-General of the League of Arab States shall refer the matter to the States parties to
the present Charter, which may, within two months, submit nominations, pursuant to article 45, in order
to fill the vacant seat.
3. The Secretary-General of the League of Arab States shall draw up an alphabetical list of all the duly
nominated candidates, which he shall transmit to the States parties to the present Charter. The elections to
fill the vacant seat shall be held in accordance with the relevant provisions.
4. Any member of the Committee elected to fill a seat declared vacant in accordance with the provisions
of paragraph 1 shall remain a member of the Committee until the expiry of the remainder of the term of
the member whose seat was declared vacant pursuant to the provisions of that paragraph.
5. The Secretary-General of the League of Arab States shall make provision within the budget of the
League of Arab States for all the necessary financial and human resources and facilities that the
Committee needs to discharge its functions effectively. The Committee's experts shall be afforded the
same treatment with respect to remuneration and reimbursement of expenses as experts of the secretariat
of the League of Arab States.
Article 47: Immunities to Members of Committee
The States parties undertake to ensure that members of the Committee shall enjoy the immunities
necessary for their protection against any form of harassment or moral or material pressure or prosecution
on account of the positions they take or statements they make while carrying out their functions as
members of the Committee.

Article 48: Obligation to submit periodic Report to Secretary General of League


1. The States parties undertake to submit reports to the Secretary-General of the League of Arab States
on the measures they have taken to give effect to the rights and freedoms recognized in this Charter and
on the progress made towards the enjoyment thereof. The Secretary-General shall transmit these reports
to the Committee for its consideration.
2. Each State party shall submit an initial report to the Committee within one year from the date on
which the Charter enters into force and a periodic report every three years thereafter. The Committee may
request the States parties to supply it with additional information relating to the implementation of the
Charter.
3. The Committee shall consider the reports submitted by the States parties under paragraph 2 of this
article in the presence of the representative of the State party whose report is being considered.
4. The Committee shall discuss the report, comment thereon and make the necessary recommendations in
accordance with the aims of the Charter.

30
5. The Committee shall submit an annual report containing its comments and recommendations to the
Council of the League, through the intermediary of the Secretary-General.
6. The Committee's reports, concluding observations and recommendations shall be public documents
which the Committee shall disseminate widely.

Article 53: Compatibility of reservations with Charter


1. Any State party, when signing this Charter, depositing the instruments of ratification or acceding
hereto, may make a reservation to any article of the Charter, provided that such reservation does not
conflict with the aims and fundamental purposes of the Charter.
2. Any State party that has made a reservation pursuant to paragraph 1 of this article may withdraw it at
any time by addressing a notification to the Secretary-General of the League of Arab States.

Establishment of Human Rights Committee


Article 45 provides the establishment of the "Arab Human Rights Committee" for the
enforcement of human rights among the members of the regional group. The rules as
qualification of member, method of election and vacancy, procedure of working of the
Committee etc are laid down under Article 45 to 48 etc which are as follows.
Composition of Committee
The Committee consisted of seven members. The members are elected by secret ballot by the
states for four years. Initially, the first election will be for two years terms and will be renewed
by lot, so that the old and new members can worked together. Member may be re-elected but
only once.
Qualification of Member
The members must be a national from member state and not more than one from any state. He or
she must be highly experienced and competent in the Committee's field of work. They will serve
in their personal capacity. They are expected to work fully independently and impartially. The
due regard will be given to the rotation principle.
Mode of Election
The election process for the member starts six months prior to the date of the election. The
Secretary-General of the League of Arab States invites the States parties to submit their
nominations within the three months. Then after receiving the nomination from the State, he has
to transmit the list of candidates to the States parties two months prior to the date the election.
The candidates who obtains the largest number of votes cast is elected as member of the
Committee. If, because two or more candidates have an equal number of votes, the number of
candidates with the largest number of votes exceeds the number required, a second ballot can be

31
held between the persons with equal numbers of votes. If the votes are again equal, the member
is selected by lottery.
Procedure of Meeting
The Secretary-General shall invite the States parties to a meeting at the headquarters the League
of Arab States in order to elect the member of the Committee. The presence of the majority of
the States parties shall constitute a quorum. If there is no quorum, the secretary-General shall call
another meeting at which at least two thirds of the States parties must be present. If there is still
no quorum, the Secretary-General shall call a third meeting, which will be held regardless of the
number of States parties present.
The Secretary-General of the League convene the first meeting of the Committee, in which
the Committee elect its Chairman from among them for a two-year term which may be renewed
only once.
The Committee establishes its own rules of procedure and methods of work and determines
the number of meetings to be called in a year. The Committee holds its meetings at the
headquarters of the League of Arab States or they may decide to meet in any other State at that
party's invitation.
Rules as to vacancies
The Secretary-General declare a seat vacant on case death or resignation of the member; or if, in
the unanimous, opinion of the other members, a member of the Committee has ceased to perform
his functions without offering an acceptable justification or for any reason other than a temporary
absence. The declaration is done on the basis of report from the chairman of the Committee.
If a member's seat is declared vacant in above situation and the term of office of the member
to be replaced does not expire within six months from the date on which the vacancy was
declared, the Secretary-General refer the matter to the States parties and request to submit
nominations. The states, within two months, in order to fill the vacant seat, submit the names.
The Secretary-General draw up an alphabetical list of all the duly nominated candidates, which
he shall transmit to the States parties and conduct the elections to fill the vacant seat.
Such member elected to fill a seat declared vacant remains a member only until the expiry of
the remainder of the term of the member whose seat was declared vacant.
Financial and Budgetary provisions
It is the responsibility of the Secretary-General to make provision within the budget of the
League for all the necessary financial and human resources and facilities required for the
members to functions effectively. The Committee's experts are also eligible to the same
treatment with respect to remuneration available to members.

32
Immunity to members
The members enjoy the immunities necessary for their protection against any form of harassment
or moral or material pressure or prosecution on because their views or statements expressed as
members of the Committee.
Obligation of State to Submit Report
The States is under an obligation to submit reports to the Secretary-General on the measures they
have taken to give effect to the rights and freedoms recognized in the Charter and on the progress
made towards the enjoyment thereof. The Secretary-General transmits these reports to the
Committee for its consideration.
Each State submits an initial report to the Committee within one year from the date on which
the Charter enters into force and a periodic report every three years thereafter.
The Committee may request the States parties to supply it with additional information
relating to the implementation of the Charter.
Committees Recommendation and Annual Report
The Committee considers the reports in the presence of the representative of the State party
whose report is being considered. The Committee discusses the report, comment thereon and
makes the necessary recommendations in accordance with the aims of the Charter. The
Committee through the Secretary-General submits an annual report containing its comments and
recommendations to the Council of the League. The Committee has to disseminate widely its
reports, concluding observations and recommendations- as all are public documents.
Compatibility of reservations with Charter
Article 53 imposes an obligation on states that when signing or depositing the instruments or
acceding hereto, should not provide reservation which does not conflict with the aims and
fundamental purposes of this Charter.
VIII. CRITICISM OF ARAB CHARTER
However, the main criticism of the old version remains unresolved in the new one: there is no
effective enforcement mechanism. The expert Committee remains the only system of monitoring
state compliance. The Committee, comprising 7 members, receives periodic reports from States
parties, but there is no mechanism for petitions from a State party or an individual to this
Committee for violations of the Charter. Nor does the Charter establish any other enforcement
mechanism, such as the hoped-for Arab Court on Human Rights.

33
There were many meetings and workshops organized in Europe and in the Arab World to
discuss and propose projects for an Arab Court on Human Rights. One of them was the Draft
Charter on Human and People's Rights in the Arab World 1978 prepared by the International
Institute of Higher Studies in Criminal Sciences in Syracuse, Italy (A). Two other meetings were
organized in Aden (Yemen) in 2004 (B), and in Sana'a (Yemen) in 2008 (C), and we will present
some propositions concerning a project for an Arab Court on Human Rights (D).
IX. EFFORTS OF IMPROVEMENTS IN ARAB CHARTER & NEW TRENDS
The Draft Charter on Human and People's Rights in the Arab World 1978
The Section two (articles 55-61) of this draft is about the Arab Court of Human Rights. The
article 56 mentions that The Court shall be composed of seven judges. The State party
nominate two persons and the bar association therein shall nominate a third person. The
Court has two functions: contentious jurisdiction and jurisdiction for Interpretation of the
Charter and determination of the obligations of parties (article 58 & 3).
The Court could, with the contentious jurisdiction, exam the cases brought before it by one
party against another party, and the individual communication referred to it by the Arab
Commission on Human Rights (article 58 & 1 and 2).
The draft is interesting, but we think that the individual communication should be presented
directly to the Court without any intermediary.
The Aden's meeting 2004
The Human Rights Information & Training Center (Yemen), the Arab Institute of Human Rights
(Tunisia), and the Arab Center for International Humanitarian Law & Human Rights Education
(France) organized a meeting in October 2004 in Aden (Yemen) to discuss about the creation of
an Arab Court of Human Rights. Many papers were presented and a (Declaration) has been
adopted concerning the necessity to create an Arab Court of Human Rights by the adoption of an
additional protocol to the Arab Charter on Human Rights.
The Sana'a meeting 2008
The Human Rights Information & Training Center (Yemen) and the Arab Center for
International Humanitarian Law & Human Rights Education (France) organized a second
meeting in March 2004 in Sana'a (Yemen) to discuss about the creation of an Arab Court of
Human Rights.
Propositions for Arab Court on Human Rights
The propositions of the Arab Center for International Humanitarian Law and Human Rights
Education for a project for an Arab Court on Human Rights are the following:

34
1. Adoption of additional protocol to the Arab Charter on Human Rights for the creation of
Arab Court of Human Rights. This Court could be composed by 7 Judges, the same
numbers of the expert Committee. It should have two jurisdictions: contentious
jurisdiction and advisory jurisdiction.
2. We propose the establishment of Coalition for the creation of Arab Court of Human
Rights. This Coalition will organize meetings and workshops to promote the adoption of
additional protocol to the Arab Charter on Human Rights for the creation of an Arab
Court of Human Rights.
On January 24th 2008, UN High Commissioner for Human Rights Louise Arbour welcomed the
entry into force of the 2004 version of the Charter.10 Louise Arbour notes that "regional
arrangements play a fundamental role in promoting and protecting human rights", but that
"[t]hey should reinforce universal human rights standards, as contained in international human
rights instruments, and their protection." She supported Arab Charter because it states in Article
2(3) which say all forms of racism, Zionism and foreign occupation and domination constitute an
impediment to human dignity and a major barrier to the exercise of the fundamental rights of
peoples; all such practices must be condemned and efforts must be deployed for their
elimination.11 However, this statement was bitterly criticized in western media12. Later on
Arbour distanced herself from some aspects of the charter and she has stressed that the Charter is
incompatible with international standards for women's, childrens and non-citizens rights, and in
that it continues to equate Zionism with racism.13 She also said in a press release that throughout
the development of the Arab Charter, my office shared concerns with the drafters about the
incompatibility of some of its provisions with international norms and standards.
These concerns included the approach to death penalty for children and the rights of women
and non-citizens. "Moreover, to the extent that it equates Zionism with racism, we reiterated that
the Arab Charter is not in conformity with General Assembly Resolution 46/86, which rejects
that Zionism is a form of racism and racial discrimination, "said the High Commissioner. 14 The
issue of Zionism came on November 10, 1975, when the General Assembly adopted, by 72 votes
to 35 and 32 abstentions, resolution 3379 stating that "Zionism is a form of racism and racial
discrimination". That resolution, described by former Secretary-General Kofi Annan as a
"dismal" manifestation of anti-Semitism, was revoked by resolution 46/86 on 16 December
1991.

10

Arab Charter on Human Rights enters into force, Publication Date 25/1/2008 www.mynews.in
League of Arab States, Revised Arab Charter on Human Rights, May 22, 2004, reprinted in 12 International
Human Rights Report, 893 (2005) & also available online via University of Minnesota
12
UN Rights Chief Must Clarify Endorsement of Arab Charter with Anti-Semitic Provisions www.unwatch.org
13
Statement by UN High Commissioner For Human Rights on the Entry Into Force of the Arab Charter on Human
Rights, Geneva, 30 January 2008, www.unhchr.ch, www.pointdebasculecanada. ca/spip.php
14
Ibid
11

35
X.

PROGRESSIVE EFFORTS FOR PROMOTION OF HUMAN RIGHTS


AT NATIONAL LEVEL IN THE ARAB COUNTRIES

Bahrain establishes National Institution for Human Rights (2009)


King Hamad bin Issa al-Khalifa issued on November 11, 2009 a Royal Order that establishes
"The National Institution for Human Rights". The order is composed of 15 articles which
stipulate that the institution is independent, reports to the King, and is headed by a president, two
deputies and 20 members who will be selected from advisory committees, academic institutions
and civil society organizations. Women will be appropriately represented in the National
Institution for Human Rights. The Royal Order defined the jurisdiction of the institution as:
formulating a strategy for enhancing and protecting human rights in Bahrain in accordance with
the Kingdom's international commitments; disseminating human rights culture; receiving
complaints pertaining to human rights; cooperating with State agencies in preparing regular
reports on human rights; organizing conferences and publishing bulletins and reports on
Bahrain's efforts in enhancing human rights; training employees of institutions that deal with
public freedoms and political rights. The Royal Order also stated that the new human rights
institution will receive financial allocations from the State budget, and is allowed to receive
contributes and voluntary aid in line with the Kingdom's laws and regulations.15
JordanS Lifting Reservations off CEDAW (2009)
The Jordanian government had lately lifted its reservations off the UN convention for
eliminating all forms of discrimination against women (CEDAW). Most prominent reservation
was a clause in article (15) which grants equal rights for men and women to travel and choose
their place of residence and housing. Islamists strongly objected to lifting those reservations. The
Religious Interpretation Council declared a taboo against CEDAW, and Mr. Hammam Saeed,
the General Supervisor of Muslim Brothers in Jordan criticized the governments decision by
saying that it violates the Jordanian constitution and the countrys religion (Islam). Saeed
demanded the retention of reservations on CEDAW and said that if the government insists on its
decision then it should force to resign.16
XI.

UNIVERSAL PERIODIC REVIEW OF HUMAN RIGHTS


IMPLEMENTATION BY INTERNATIONAL MECHANISM

Lebanon
Human Rights Councils Working Group on the Universal Periodic Review17 made following
observation about the human rights situation of Lebanon in the concluding paragraph. The report
15

Bahrain News Agency, AFP, Al-Arab, Al-Sharq Qatar, Dated November 11, 2009
Ibid, Dated August 18, 2009)
17
Human Rights Council Working Group on the Universal Periodic Review Ninth session Geneva, 112 November
2010 National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights
16

36
said that respect for human rights and fundamental freedoms is a strategic choice that Lebanon
has made for compelling reasons, in order to avoid being cut off from the global mainstream.
That choice has been affirmed by the inclusion of the principles underlying human rights and
fundamental freedoms at the core of Lebanons Constitution and legislation.
The path of progress, growth and stability for Lebanon therefore lies in making a genuine
commitment to protecting human rights and guaranteeing fundamental freedoms. They pointed
out that although Lebanon entered an unstable phase in 2005, which delayed and adversely
affected human development projects intended to enhance human rights protection, it has
resolved to maintain the accomplishments already made in the field of human rights and to
continue to improve through the adoption of best international human rights practices. There is
no doubt that Lebanon, like other countries, has to contend with various challenges and
difficulties in order to promote human rights. According to the observations of Human rights
working group, the challenges that it is intent on tackling are the following:
The creation of additional mechanisms to protect human rights, keep pace with national
and international developments and bring laws and regulations up to date
Efforts to regulate labour relations in a framework that safeguards dignity and rights and
is consistent with international standards, in particular with regard to ancillary or
domestic workers
Efforts to deal with human trafficking offences by studying international best practice in
this area, by developing and improving domestic legislation in conformity with
international standards, by establishing institutions and agencies to deal with human
trafficking offences and by strengthening cooperation with international organizations
and bodies
Improving the conditions of Palestine refugees in Lebanon, to the extent possible given
the available resources, pending their return at the earliest opportunity to their homeland,
Palestine
The Lebanese Republic is keen to benefit from the discussion of its initial report before
the Human Rights Council, adopting best practices with regard to the protection and
promotion of human rights and building national capacities for the purpose18
Libya
Human Rights Councils Working Group on the Universal Periodic Review concluded about the
human rights situation of Libya in the flowing para: The promotion and protection of human
rights is seen as a strategic option in the Libyan Arab Jamahiriya, constituting as it does the
backbone of the policy of comprehensive reform pursued by the country since the great
revolution of 1 September 1969, as affirmed in the Great Green Document on Human Rights.19

Council resolution 5/1 Lebanese Republic A/HRC/WG.6/9/LBN/1 22, GE.10-15642


18
Ibid
19
Human Rights Council Working Group on the Universal Periodic Review Ninth session Geneva, 112 November
2010 National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights

37
The peoples democratic system and the basic legislation applied in the Jamahiriya together form
a basis for the enjoyment of all rights, in addition to which human rights and democracy are
fundamental values of Libyan Jamahiri society. The Libyan Arab Jamahiriya is therefore
strongly committed to securing full respect for human rights and views the universal periodic
review mechanism as a means of improving the human rights situation within the framework of
the principles of impartiality, objectivity and full transparency and as part of the constructive
dialogue for the promotion and protection of human rights.
In the last para the report says: The Libyan Arab Jamahiriya asserts its commitment to the
promotion and protection of all human rights and fundamental freedoms and hopes that the
principle of dialogue among peoples will prevail so as to affirm the right of peoples to make their
own political, economic, cultural and social choices, without the use or suggestion of coercion,
the imposition of cruel measures of any kind or the use of human rights as a tool for interference
in the internal affairs of States. In the interest of enhancing cooperation, the Libyan Arab
Jamahiriya is striving for international human rights mechanisms, recommendations and
technical assistance that promote human rights and fulfill aspirations.20
Mauritania
Human Rights Council Working Group on the Universal Periodic Review 21 made following
observation about the human rights challenges faced by Mauritania and expectation to insure the
harmonisation of human rights. The para 146 of the report say the principle challenges facing
Mauritania in its efforts to ensure full enjoyment of human rights are:
Failure to harmonize its legislation with provisions of the international conventions Ratified
Failure of the stakeholders concerned to assimilate the contents of legal texts relating to
human rights
Inadequacy of human rights organizations human and financial resources
Absence of specialized judges with a consequent lack of jurisprudence in the field of human
rights
XII. CONCLUSION
The Arab Commission on Human Rights, founded by the Council of the League of Arab States
in September 1968, has been preoccupied primarily with the rights of Arabs living in Israelioccupied territories. In order to promote and protect human rights, at the end of the 1990s it had
proposed Arab Convention on Human Rights to a successful conclusion. Nevertheless, work by
other intergovernmental and nongovernmental bodies manifested a continuing desire to establish
human rights protection mechanisms in the Middle East. Building on the Universal Islamic
Council resolution 5/1, Great Socialist Peoples Libyan Arab Jamahiriya A/HRC/WG.6/9/LBY/1, GE.10-15649 (E)
011010 051010 para109
20
Ibid, para. 110.
21
Human Rights Council Working Group on the Universal Periodic Review Ninth session Geneva, 112 November
2010 National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights
Council resolution 5/1 Lebanese Republic A/HRC/WG.6/9/MRT/1, GE.10-15541 (E) 030910 130910 para 146

38
Declaration of Human Rights (1981) and the Cairo Declaration on Human Rights in Islam
(1990), the League of Arab States approved an Arab Charter on Human Rights first time in
September 1994 and finally in revised form in 2004. Arab Charter on Human Rights is a binding
treaty now because it entered into force on March 15, 2008, by virtue of ratification from 7 Arab
States as it was the requirement. These countries are: Algeria, Bahrain, Emirates Arab Units,
Jordan, Libya, Palestine, and Syria. The 3 countries: Yemen, Saudi Arabia and Qatar ratified
recently this Arab Charter.
The charter provides for periodic reports to the league's Human Rights Committee by state
parties and for an independent Committee of Experts apparently empowered to request and study
reports and submit its own findings to the Human Rights Committee. However, no other
institutions or procedures for monitoring human rights are specified in the charter. In Asia, still
there is no regional mechanism for the protection and promotion of human rights. Arabian
countries are partly spread in Asia, and on its own cultural identity, they could establish the
mechanism for the promotion of human rights. It is true that in the Middle East States are divided
over the need to enforce human rights law and the desirability of achieving a true regional
system for the promotion and protection of human rights.
What is new and important in the new version of the Arab Charter on Human Rights is the
confirmation of equality between men and women in the Arab World (article 3 & 3). The new
version also guarantees children's rights (article 34 & 3) and the rights of handicapped persons
(article 40). However, the main criticism of the old version remains unresolved in the new one:
there is no effective enforcement mechanism. There is no doubt that the mechanism of the Arab
Charter needs improvements and modifications. One of these improvements and modifications
should be the creation of an Arab Court of Human Rights. The Charter does not prohibit cruel,
inhuman, or degrading punishments, nor does it extend rights to non-citizens in many areas. It
also allows for the imposition of restrictions on the exercise of freedom of thought, conscience,
and religion far beyond international human rights law, which allows for restrictions only on the
manifestations of a religion or belief, but not on the freedom to hold a religion or belief.
Moreover, the Charter leaves many important rights to national legislation. For example, it
allows for the imposition of the death penalty against children if national law allows it. It also
leaves the regulation of rights and responsibilities of men and women in marriage and divorce to
national law. Thus the Charter mirrors to a large degree the areas of acceptance and reservations
regarding international human rights treaties by member states of the Arab League. 22 At the time
of preparing second draft, Arab Commission on Human Rights made some substantial changes.
These were mainly intended to accommodate positions of some Arab states in relation to issues
in international law such as the death penalty, womens rights, rights of non-citizens, and
freedoms of expression and religion. The resulting final Charter does recognize many important
rights that are consistent with international human rights law as reflected in treaties,
jurisprudence, and opinions of UN expert bodies. The Charter begins by affirming the
22

Mervat Rishmawi, The Arab Charter on Human Rights (October 6, 2009) http://carnegieendowment.org/2009/
10/06/arab-charter-on-human-rights/6cj1

39
universality and indivisibility of human rights, therefore putting an end finally to the continued
questioning of universality of human rights by some Arab states. It recognizes the right to health,
education, fair trial, and freedom from torture and ill-treatment, the independence of the
judiciary, the right to liberty and security of person, and many other rights.
More than half of the members of the Arab League have yet to ratify the Charter. In
Lebanon there was a concern that the Charter offered less protection for rights than did
Lebanons own laws. This was the same reason why some Tunisian organizations, including
womens rights organizations, called on the government not to ratify the Charter. In many other
states, there is little debate or consideration about whether the Charter should be accepted. Many
Arab, regional, and international organizations take the position that they will not lobby actively
for the ratification of the Charter because it conflicts with international law in many fundamental
areas.23
As observed by Mervat Rishmawi that the process of revising the Charter revealed tensions
among Arab states, Arab civil society organizations, and states outside the region regarding
human rights.24 The Arab League Secretary General said from the outset that the main purpose of
the revision was to bring the Charter in line with international human rights law, of which the
1994 version fell far short. The first draft by the Arab Commission on Human Rights, however,
was still far below those standardsalthough many Arab states had accepted them in ratifying
international human rights treaties. After pressure from the international community and civil
society organizations, the Arab League agreed to task Arab independent human rights experts
(themselves members of UN expert human rights bodies) with producing a draft. After input
from Arab and international organizations, they produced a draft that was largely consistent with
international law and that human rights groups in the region welcomed.25
The question at present arises that those States ratifying the Charter are really undertaking
the task of changing their laws and policies in accordance with its provisions; however, there is
no news from any of the legal system about its implementation. A Committee to supervise
implementation of the Charter was formed in January 2009, composed of members from the first
seven states to ratify the Charter (Jordan, Syria, Bahrain, Libya, UAE, Algeria, and Palestine).
The Committee had been receiving reports from states and they are also examining the
implementation of the Charter, and issue its conclusions and recommendations in public reports.
So far the Committee has stressed that it is an independent body, and its members do not take
instructions from governments or Arab League bodies. It also demanded its own independent
professional secretariat and the required financial and technical support from Arab League
headquarters.
It is to be noted that ultimately, failure or success of the human rights Charter will depend on
how seriously Arab states and Arab human rights organizations and NGOs decide to take it.
Aside from the obvious question of whether Arab states will follow through in making actual
23

Ibid
Ibid
25
Ibid
24

40
changes in law and practices to conform to the Charter, there is the question of whether Arab
civil society organizations will engage in the process in the same way they do with other regional
and international systems. For the Charter to succeed in furthering human rights, Arab
governments would have to be willing to re-open the debate on some provisions that clearly
contradict international standards. Another measure of the significance of the Charter will be
whether, once states submit their reports on measures they have taken to conform to the Charter,
serious debates on human rights start to take place within the walls of the Arab League.26

Annexure
THE CAIRO DECLARATION ON HUMAN RIGHTS IN ISLAM
The Declaration on Human Rights in Islam is pronounced by the member States of the
Organization of the Islamic Conference (OIC) in 1990 at Cairo.
Preamble of Declaration
The Declaration reaffirming the civilizing and historical role of the Islamic Ummah which God
made the best nation that has given mankind a universal and well-balanced civilization in which
harmony is established between this life and the hereafter and knowledge is combined with faith;
and the role that this Ummah should play to guide a humanity confused by competing trends and
ideologies and to provide solutions to the chronic problems of this materialistic civilization.
The Declaration also wishing to contribute to the efforts of mankind to assert human rights,
to protect man from exploitation and persecution, and to affirm his freedom and right to a
dignified life in accordance with the Islamic Shariah. Convinced that mankind which has
reached an advanced stage in materialistic science is still, and shall remain, in dire need of faith
to support its civilization and of a self-motivating force to guard its rights.
The Declaration also believing that fundamental rights and universal freedoms in Islam are
an integral part of the Islamic religion and that no one as a matter of principle has the right to
suspend them in whole or in part or violate or ignore them in as much as they are binding divine
commandments, which are contained in the Revealed Books of God and were sent through the
last of His Prophets to complete the preceding divine messages thereby making their observance
an act of worship and their neglect or violation an abominable sin, and accordingly every person
is individually responsible- and the Ummah collectively responsible-for their safeguard.
Rights and Freedom and Responsibilities Recognised under declaration
On the basis of these above-mentioned principles, the Declaration has declared human rights of
Islam in twenty five articles, which are as follows:
26

Ibid

41

Article 1: All human beings are Gods subjects and therefore all are equal in terms of basic
human dignity
All human beings form one family whose members are united by submission to God and descent
from Adam. All men are equal in terms of basic human dignity and basic obligations and
responsibilities, without any discrimination on the grounds of race, colour, language, sex,
religious belief, political affiliation, social status or other considerations. True faith is the
guarantee for enhancing such dignity along the path to human perfection. All human beings are
Gods subjects, and the most loved by him are those who are most useful to the rest of His
subjects, and no one has superiority over another except on the basis of piety and good deeds.
Article 2: Life is Gods gift and hence Right to life is guaranteed but subject to Shariah
(a) Life is a God-given gift and the right to life is guaranteed to every human being. It is the
duty of individuals, societies and states to protect this right from any violation, and it is
prohibited to take away life except for a Shariah-prescribed reason.
(b) It is forbidden to resort to such means as may result in the genocidal annihilation of mankind.
(c) The preservation of human life throughout the term of time willed by God is a duty
prescribed by Shariah.
(d) Safety from bodily harm is a guaranteed right. It is the duty of the state to safeguard it, and it
is prohibited to breach it without a Shariah-prescribed reason.
Article 3: Prohibitions in war
(a) In the event of the use of force and in case of armed conflict, it is not permissible to kill nonbelligerents such as old men, women and children. The wounded and the sick shall have the
right to medical treatment; and prisoners of war shall have the right to be fed, sheltered and
clothed. It is prohibited to mutilate dead bodies. It is a duty to exchange prisoners of war
and to arrange visits or reunions of the families separated by the circumstances of war.
(b) It is prohibited to fell trees, to damage crops or livestock, and to destroy the enemys civilian
buildings and installations by shelling, blasting or any other means.
Article 4: Right to recognition and honour
Every human being is entitled to inviolability and the protection of his good name and honour
during his life and after his death. The state and society shall protect his remains and burial
place.
Article 5: Right to marry and protection to family
(a) The family is the foundation of society, and marriage is the basis of its formation. Men and
women have the right to marriage, and no restrictions stemming from race, colour or
nationality shall prevent them from enjoying this right.

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(b) Society and the State shall remove all obstacles to marriage and shall facilitate marital
procedure. They shall ensure family protection and welfare.
Article 6: Womens rights of equality and welfare
(a) Woman is equal to man in human dignity, and has rights to enjoy as well as duties to
perform; she has her own civil entity and financial independence, and the right to retain her
name and lineage.
(b) The husband is responsible for the support and welfare of the family.
Article 7: Right of children against parent, society and state
(a) As of the moment of birth, every child has rights due from the parents, society and the state
to be accorded proper nursing, education and material, hygienic and moral care. Both the
fetus and the mother must be protected and accorded special care.
(b) Parents and those in such like capacity have the right to choose the type of education they
desire for their children, provided they take into consideration the interest and future of the
children in accordance with ethical values and the principles of the Shariah.
(c) Both parents are entitled to certain rights from their children, and relatives are entitled to
rights from their kin, in accordance with the tenets of the Shariah.
Article 8: Rights of disabled
Every human being has the right to enjoy his legal capacity in terms of both obligation and
commitment. Should this capacity be lost or impaired, he shall be represented by his guardian.
Article 9: Right to Education
(a) The quest for knowledge is an obligation, and the provision of education is a duty for society
and the State. The State shall ensure the availability of ways and means to acquire education
and shall guarantee educational diversity in the interest of society so as to enable man to be
acquainted with the religion of Islam and the facts of the Universe for the benefit of mankind.
(b) Every human being has the right to receive both religious and worldly education from the
various institutions of education and guidance, including the family, the school, the
university, the media, etc., and in such an integrated and balanced manner as to develop his
personality, strengthen his faith in God and promote his respect for and defence of both rights
and obligations.
Article 10: Prohibition of Conversion to other Religion
Islam is the religion of unspoiled nature. It is prohibited to exercise any form of compulsion on
man or to exploit his poverty or ignorance in order to convert him to another religion or to
atheism.

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Article 11: Right against subjugation and enslavement
(a) Human beings are born free, and no one has the right to enslave, humiliate, oppress or
exploit them, and there can be no subjugation but to God the Most-High.
(b) Colonialism of all types being one of the most evil forms of enslavement is totally
prohibited. Peoples suffering from colonialism have the full right to freedom and selfdetermination. It is the duty of all States and peoples to support the struggle of colonized
peoples for the liquidation of all forms of colonialism and occupation, and all States and
peoples have the right to preserve their independent identity and exercise control over their
wealth and natural resources.
Article 12: Right to freedom of Movement and asylum
Every man shall have the right, within the framework of Shariah, to free movement and to select
his place of residence whether inside or outside his country and, if persecuted, is entitled to seek
asylum in another country. The country of refuge shall ensure his protection until he reaches
safety, unless asylum is motivated by an act which Shariah regards as a crime.
Article 13: Right to work and fare wages
Work is a right guaranteed by the State and Society for each person able to work. Everyone shall
be free to choose the work that suits him best and which serves his interests and those of society.
The employee shall have the right to safety and security as well as to all other social guarantees.
He may neither be assigned work beyond his capacity nor be subjected to compulsion or
exploited or harmed in any way. He shall be entitled without any discrimination between
males and females to fair wages for his work without delay, as well as to the holidays,
allowances and promotions which he deserves. For his part, he shall be required to be dedicated
and meticulous in his work. Should workers and employers disagree on any matter, the State
shall intervene to settle the dispute and have the grievances redressed, the rights confirmed and
justice enforced without bias.
Article 14: Right to legitimate gains and prohibition of usury (riba)
Everyone shall have the right to legitimate gains without monopolization, deceit or harm to
oneself or to others. Usury (riba) is absolutely prohibited.
Article 15: Right to Property
(a) Everyone shall have the right to own property acquired in a legitimate way, and shall be
entitled to the rights of ownership, without prejudice to oneself, others or to society in
general. Expropriation is not permissible except for the requirements of public interest and
upon payment of immediate and fair compensation
(b) Confiscation and seizure of property is prohibited except for a necessity dictated by law.

44
Article 16: Right to intellectual property
Everyone shall have the right to enjoy the fruits of his scientific, literary, artistic or technical
production and the right to protect the moral and material interests stemming there from,
provided that such production is not contrary to the principles of Shariah.
Article 17: Right to live in a clean and decent environment
(a) Everyone shall have the right to live in a clean environment, away from vice and moral
corruption, an environment that would foster his self-development; and it is incumbent upon
the State and society in general to afford that right.
(b) Everyone shall have the right to medical and social care, and to all public amenities provided
by society and the State within the limits of their available resources.
(c) The State shall ensure the right of the individual to a decent living which will enable him to
meet all his requirements and those of his dependents, including food, clothing, housing,
education, medical care and all other basic needs.
Article 18: Right to privacy and security
(a) Everyone shall have the right to live in security for himself, his religion, his dependents, his
honour and his property.
(b) Everyone shall have the right to privacy in the conduct of his private affairs, in his home,
among his family, with regard to his property and his relationships. It is not permitted to spy
on him, to place him under surveillance or to besmirch his good name. The State shall
protect him from arbitrary interference.
(a) A private residence is inviolable in all cases. It will not be entered without permission
from its inhabitants or in any unlawful manner, nor shall it be demolished or confiscated
and its dwellers evicted.
Article 19: Right of equality before law and no crime without Shariah
(a) All individuals are equal before the law, without distinction between the ruler and the ruled.
(b) The right to resort to justice is guaranteed to everyone.
(c) Liability is in essence personal.
(d) There shall be no crime or punishment except as provided for in the Shariah.
(e) A defendant is innocent until his guilt is proven in a fair trial in which he shall be given all
the guarantees of defence.
Article 20: Prohibition of Torture
It is not permitted without legitimate reason to arrest an individual, or restrict his freedom, to
exile or to punish him. It is not permitted to subject him to physical or psychological torture or
to any form of humiliation, cruelty or indignity. Nor is it permitted to subject an individual to
medical or scientific experimentation without his consent or at the risk of his health or of his life.

45
Nor is it permitted to promulgate emergency laws that would provide executive authority for
such actions.
Article 21: Prohibition of Taking hostages
Taking hostages under any form or for any purpose is expressly forbidden.
Article 22: Right to express opinion not contrary to Prophet and Shariah
(a) Everyone shall have the right to express his opinion freely in such manner as would not be
contrary to the principles of the Shariah.
(b) Everyone shall have the right to advocate what is right, and propagate what is good, and
warn against what is wrong and evil according to the norms of Islamic Shariah.
(c) Information is a vital necessity to society. It may not be exploited or misused in such a way
as may violate sanctities and the dignity of Prophets, undermine moral and ethical values or
disintegrate, corrupt or harm society or weaken its faith.
(d) It is not permitted to arouse nationalistic or doctrinal hatred or to do anything that may be an
incitement to any form of racial discrimination.
Article 23: Right to participate in public affairs
(a) Authority is a trust; and abuse or malicious exploitation thereof is absolutely prohibited, so
that fundamental human rights may be guaranteed.
(b) Everyone shall have the right to participate, directly or indirectly in the administration of his
country's public affairs. He shall also have the right to assume public office in accordance
with the provisions of Shari'ah.
Article 24: All Rights are subject to Shariah
All the rights and freedoms stipulated in this Declaration are subject to the Islamic Shari'ah.
Article 25: Shariah is only source of clarification
The Islamic Shari'ah is the only source of reference for the explanation or clarification to any of
the articles of this Declaration.
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