Regional Human Rights Systems
Regional human rights systems recognise and
promote human rights within geographic regions
Introduction
Human rights are considered universal and indivisible
although their enjoyment and realisation are subject to
the actions of nation States. Accordingly, the United
Nations at the behest of its member States created
mechanisms to monitor and enforce human rights
standards globally. Beneath this umbrella sit regional
human rights systems that recognise, promote
and enforce human rights within geographic blocs.
Their establishment by regional political bodies is
encouraged by the United Nations. A regional system
typically consists of a regional charter of rights and a
regional commission. These may be supplemented
by a regional court.
Regional human rights systems have been established
in Europe, Africa and the Americas.1 In 2009 the
Association of South East Asian Nations (ASEAN)
established an Intergovernmental Commission on
Human Rights with a Terms of Reference to develop
an ASEAN Human Rights Declaration. The League
of Arab States’ amended Arab Charter on Human
Rights entered into force in 2008. The Arab Human
Rights Committee was subsequently established
to supervise the Charter’s implementation. Both
ASEAN and Arab League regional approaches to
addressing human rights are still very much in their
formative stages and their effectiveness is yet to be
determined.
1 See accompanying flyers on the European Human Rights Sys-
tem, the African Human Rights System and the Inter American
Human Rights System for more information
Regional Human Rights Standards
Regional systems contain an agreed set of human
rights standards in the form of a charter, declaration
or convention. These standards should not detract
from or devalue international statements of universal
rights, but may add matters of particular regional
concern. Acceding to the charter may be compulsory
or optional as determined by the regional political
body establishing the charter.
The Functions of Regional Human Rights
Commissions
A commission is given a range of functions. This
typically includes the promotion of human rights by
such means as:
Providing education and training about human
rights issues
Conducting research and publishing information
on human rights issues
Supporting the work of national human rights
institutions
Providing advice or assistance on human rights
issues to governments or NGOs
Encouraging governments to ratify and
implement human rights treaties
Establishing awards or grants to acknowledge
or support human rights activities.
Regional Human Rights Systems
A commission may also be asked to monitor and
report on the observance of human rights in member
States. These functions may be performed by:
Receiving information and reports from
governments, NGOs or individuals
Conducting fact finding visits to member States
Identifying shortcomings in existing or proposed
legislation, policies or practices
Publishing reports to regional political bodies,
the media or directly to the public
Making recommendations for actions to improve
human rights observance.
Some Commissions may be given an enforcement
role. This can involve the Commission:
Seeking friendly settlements between victims
of human rights violations and the offender or
government responsible
Initiating or intervening in court proceedings.
The Functions of Regional Human Rights
Courts
Some regions have established special courts to
interpret, apply and enforce regional human rights
standards. A court may be given the following
powers:
Provide advisory opinions on human rights
issues
Hear and determine cases of alleged violations of
human rights standards, which may be brought
by member States, a regional commission, a
group or individual victims, or NGOs after all
reasonable steps have been taken to exhaust
remedies at the national level
Make temporary orders to prevent irreparable
harm pending the determination of claims
Order reparation for established human rights
violations including payment of compensation to
victims.
Essentials of Commissions and Courts
To perform their functions effectively, regional
Commissions and Courts need to have appropriately
qualified members and staff, be independent
of governments, receive the cooperation of
governments and be adequately resourced.
Conclusion
The precise structure of a regional human
rights system is a matter to be determined by
the governments of the region. Structures and
procedures tend to evolve over time in line with
regional needs and capacities. However, there are
now sufficient models available to provide valuable
guidance in establishing the most suitable system for
the countries of the Pacific. The accompanying fact
sheet ‘Blueprint for a Pacific Regional Human Rights
Commission’ outlines how such a system might be
established in this region.
Pacific Regional Rights Resource Team
Private Mail Bag, Suva, Fiji Islands
Tel: (679) 330 5582 Fax: (679) 330 6582