Regional Human Rights

Systems
Sriprapha Petcharamesree
Advisor, IHRP
 HUMAN RIGHTS MECHANISMS
Charter-based bodies
 Human Rights Council
 Universal Periodic Review
 Commission on Human Rights
 Special Procedures of the Human
Rights Council
 Human Rights Council Complaint
Procedures
 European Court of Human
Rights (ECtHR)
OIC Independent Arabic Commission
Permanent Human of Human Rights
Rights Commission
(IPHRC)
National Human Rights
Commission
Protection at the UN
Treaty-based bodies
 Human Rights Committee (CCPR)
 Committee on Economic, Social and Cultural Rights (CESCR)
 Committee on the Elimination of Racial Discrimination (CERD)
 Committee on the Elimination of Discrimination against Women (CEDAW)
 Committee on against Torture (CAT) 
 Subcommittee on Prevention of Torture (SPT)
 Committee on the Rights of the Child (CRC)
 Committee on Migrant Workers (CMW)
 Committee on the Rights of Persons with Disabilities (CRPD)
 Committee on Enforced Disappearances (CED)
Regional systems
 Inter-American Commission on Human  African Commission on Human and
Rights (IACHR) People’s Rights
 Inter-American Court on Human Rights  African Court on Human and
(IACtHR) Peoples’ Rights
South Asian  ASEAN Intergovernmental Commission on Human
Rights (AICHR)
[N/A]  ASEAN Commission for the Promotion and
Protection of the Rights of Women and Children
(ACWC)
National human rights institutions
Ombudsmen Human Rights Institutes
and Centers
 Regional human rights system(s)

• What is regional human rights system?

- consisted of regional instruments and mechanisms”
- Plays the role in the promotion and protection of human rights”.
- Contributes to localise international human rights norms and
standards”,
- it reflects the particular human rights concerns of the region”
- helps to implement these instruments on the ground.

(OHCHR, http://bangkok.ohchr.org/programme/regional-systems.aspx)
 Cont.

Roles of regional human rights mechanism.

• Assists national governments with the implementation of their international human rights obligations;

• Provides people with more accessible mechanisms for the protection of their human rights;

• Helps to raise peoples awareness of their human rights;

• Provides regional input to the development of international human rights standards and the improvement of
international human rights mechanisms;

• Helps national governments to better address regional human rights concerns that cross national borders;

(OHCHR, http://bangkok.ohchr.org/programme/regional-systems.aspx)
Comparative Regional Human Rights
Organizations
African Inter-American European

Regional OAU (1964) until 2002, AU OAS (1948) Council of Europe (1949)
Organization
Members 54 35 47

African Charter on Human Charter of the OAS ECHR 1948/53 (47

and People’s Rights 1948/51 (35 ratifications) ratifications)
1981/86 (54 ratifications) read with Am. Decl. 1948 14 OP
Main Treaties P on Court 1998/04 (26 A. Conv. 1969/78 (25 11th OP Single Court
ratifications) ratifications, 25 accepted 1994/98
compulsory jurisdiction of
court)
Refugees 1969/74 Torture 1985/87 Social Charter 1961/65
Child 1990/99 Women ESC 1988/99 Torture 1987/89
2003/05
Specialized DP 1990/91 Minorities 1995/98
Forced disappearances ESC Revised 1996/99
treaties 1994/96
Violence against women
1994/95
Council of Europe
• Consider itself as a leading human rights organisation in Europe found
in 1949;
• Includes 47 member states, 28 of which are members of EU;
• All member states have ratified the European Convention on Human
Rights;
• European Court of Human Rights oversees the implementation of the
Convention;
Council of Europe
Core values : Human rights, Democracy, Rule of Law;
The Council of Europe promotes human rights through international
conventions with independent monitoring bodies. Council of Europe
member states no longer apply the death penalty.
Main human rights treaties adopted by the
Council of Europe
• The Convention for the Protection of Human Rights and Fundamental Freedoms (1950:1953);
• Protocol No. 13 to the ECHR -abolishes the death penalty in times of peace, war or immediate
danger of war
• Protocol No. 14 to the ECHR - contains changes to the individual complaints procedure, thus trying
to provide the necessary means and tools to the Court to efficiently and quickly dismiss inadmissible
complaints
• Protocol No. 15 to the ECHR - provides changes to the ECHR with the aim of guaranteeing and
strengthening the efficiency of the European Court of Human Rights. It has not yet entered into
force.
• Protocol No. 16 to the ECHR - provides that the constitutional courts or national courts of final
instance can turn to the European Court of Human Rights in a pending case for an advisory opinion
with regard to questions on interpretation. This is an additional protocol that does not change the
text of the ECHR but amends it.
Other conventions
• European Social Charter and revised European Social Charter
• European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
• Framework Convention for the Protection of National Minorities/European Charter for Regional or
Minority Languages
• European Convention on the Exercise of Children's Rights
• Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
• Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the
Application of Biology and Medicine
• European Convention on the Legal Status of Migrant Workers/Convention on the Participation of
Foreigners in Public Life at Local Level/European Convention on Nationality
• Council of Europe Convention on Action against Trafficking in Human Beings
• Convention on preventing and combating violence against women and domestic violence
• Council of Europe Convention on the Prevention of Terrorism
European Court of Human Rights
A permanent and full-time body of 47 judges, sitting in
• Single judge
• Committees of 3 judges;
• Chambers of 7 judges; or
• a Grand Chamber of 17 judges.
• The Court is competent to receive and examine inter-State cases; and
• applications from any person, non-governmental organization or group
of individuals claiming to be the victim of a violation of the rights
guaranteed by the Convention or its Protocols
Criteria for complaints
• Exhaustion of domestic remedies.
• 6-month deadline for applying to the Court(from the final domestic
judicial decision.
• Complaints against a contracting State to the Convention.
• Applicant has suffered a significant disadvantage.
Inter-American Human Rights System
The Organisation of American States –OAS
The Organization of American States - the world’s oldest regional organization, dating back to the First International
Conference of American States, held in Washington, D.C., from October 1889 to April 1890, the oldest international
institutional system.

The OAS was established in in 1948 by the Charter of the OAS, which entered into force in December 1951. It was
subsequently amended by a number of Protocols.

Purposes - to achieve, among its member states, “an order of peace and justice, to promote their solidarity, to
strengthen their collaboration, and to defend their sovereignty, their territorial integrity, and their independence."

Memb35 independent states of the Americas with 69 states granted status of permanent observer, including the
European Union (EU).

The Organization is based on its main pillars: democracy, human rights, security, and development.
Inter-American Human Rights Treaties
• Charter of the Organization of American States
• American Declaration of the Rights and Duties of Man -1948
• American Convention on Human Rights-1969 entered into force in 1978
• Inter-American Convention to Prevent and Punish Torture - 1985
• Protocol of San Salvador": Additional Protocol to the American Convention on Human Rights in the Area of
Economic, Social and Cultural Rights "
• Protocol to the American Convention on Human Rights to Abolish the Death Penalty
• "Convention of Belem do Pará": Inter-American Convention on the Prevention, Punishment and Eradication of
Violence against Women - 1994
• Inter-American Convention on Forced Disappearance of Persons
• Inter-American Convention on the Elimination of All Forms of Discrimination against Person with Disabilities

• Inter-American Convention Against Racism, Racial Discrimination, and Related Forms of Intolerance
• Inter-American Convention Against All Forms of Discrimination and Intolerance
Inter-American Human Rights Treaties
• Inter-American Convention on Protecting the Human Rights of Older Persons

• Inter-American Democratic Charter

• Declaration of Principles on Freedom of Expression
• Principles and Best Practices on the Protection of Persons Deprived of
Liberty in the Americas
• Statute of the Inter-American Commission on Human Rights
• Rules of Procedure of the IACHR on the Legal Assistance Fund of the Inter-
American Human Rights System
• Statute of the Inter-American Court on Human Rights
Mechanisms
The Inter-American Commission on Human Rights established in 1959
competent to receive petitions concerning alleged human rights violations:
 from any person or group of persons, or any legally recognized non-governmental entity; this competence is
mandatory (art. 44);
 from one State party against another State party, if such competence has been recognized (art. 45).
The Inter-American Court of Human Rights
competent to
 examine cases submitted to it by the States parties and the Commission
 provided that these cases have first been considered by the Commission (art. 61).

10 special rapporteurships
African Union(AU)
• Officially launched in 2002 by the Constitutive Act of the African Union and the
Protocol on Amendments to the Constitutive Act of the African Union , with now 55
members;
• refocus attention from the fight for decolonisation and ridding the continent of
apartheid, which had been the focus of the OAU, towards increased cooperation and
integration of African states to drive Africa’s growth and economic development;
• Objectives – may including
-Promote peace, security, and stability on the continent;
-Promote democratic principles and institutions, popular participation and good
governance;
-Promote and protect human and peoples’ rights in accordance with the African
Charter on Human and Peoples’ Rights and other relevant human rights instruments;
1963 OAU Charter, art 3:

The member states solemnly affirm

and declare their adherence to the following
principles:
1. The sovereign equality of all member states.
2. Non-interference in the internal affairs of states.
3. Respect for the sovereignty and territorial integrity of
each state and for its inalienable right to independent
existence.
4. Peaceful settlement of disputes by negotiation,
mediation, conciliation or arbitration.
Article 4 of the AU Constitutive Act – Principles:
The Union shall function in accordance with the
following principles:
• sovereign equality and interdependence among member states of the
Union;
• non-interference by any member state in the internal affairs of
another;
• the right of the Union to intervene in a member state pursuant to a
decision of the Assembly in respect of grave circumstances, namely:
war crimes, genocide and crimes against humanity;
• the right of member states to request intervention from the Union in
order to restore peace and security;
• promotion of gender equality;
• respect for democratic principles, human rights, the rule of law and
good governance;
• condemnation and rejection of unconstitutional changes of
governments.
Instruments-Status
Legal Instruments Entere
Adopt d Ratifie
Legal Instrument
ed into fo d
rce
25.10. 15.02.
African Charter on Democracy, Elections and Governance 2011 2012 34

07.11. 25.11.
Protocol to the African Charter on Human and Peoples' Rig 2003 2005 42
hts on the Rights of Women in Africa
11.07. 26.05.
Constitutive Act of the African Union 2000 2001 55

Protocol to the African Charter on Human and Peoples' Rig 10.06. 25.01. 30
hts on the Establishment of the African Court on Human a 1998 2004
nd Peoples' Rights
01.07. 29.11.
African Charter on the Rights and Welfare of the Child 49
1990 1999
54
27.06. 21.10.
African Charter on Human and Peoples' Rights (2017
1981 1986
June)

AU Convention Governing Specific Aspects of Refugee Prob 10.09. 20.06. 46

lems in Africa 1969 1974
Standards –cont.
• 1969 The African Convention on the Conservation of Nature and Natural Resources (1968)
• 1985 OAU Convention on the Elimination of Mercenarism in Africa (1977)
• 1990 Cultural Charter for Africa (1976)
• 1998 Bamako Convention on the Ban of the Import into Africa and the Control of Trans-
boundary Movement and Management of Hazardous Wastes within Africa (Bamako
Convention) (1991)
• African Youth Charter
• the African Union Convention for the Protection and Assistance of Internally Displaced
Persons in Africa
• 2002 OAU Convention on the Prevention and Combating of Terrorism (1999)
• 2006 AU Convention on Preventing and Combating Corruption (2003)
Human rights mechanisms
• African Commission on Human and Peoples’ Rights (ACHPR) (1986) 11
Commissioners, Secretariat: Banjul, The Gambia
• African Court of Justice and Human Rights (merger between the
African Court of Justice and the African Court on Human and Peoples’
Rights (AfCHPR) in 2008; Seat: Arusha, Tanzania
• African Committee of Experts on the Rights of the Child (African
Children’s Charter) ,Secretariat: AU, Addis Ababa-Ethiopia.
African Commission on Human and Peoples’ Rights

The African Commission is composed of eleven members serving in their personal

and independent capacity and not as representatives of their countries or
governments.
Mandates – promote and protect human rights :
• Interpret the provisions of the Banjul Charter and the supplementary protocols;
• Review State Reports to monitor compliance with states’ human rights obligations
and issue Concluding Observations;
• Hear Individual Complaints (or Communications);
• Conduct missions in African Union (AU) member states to investigate and
disseminate information;
• Inter-State complaints
Special mechanisms
Subsidiary special mechanisms:
• Special Rapporteurs, (SR on Extrajudicial and Arbitrary Executions and Killings in Africa, SR on
Prisons and Conditions of Detention in Africa, SR on the Rights of Women in Africa, SR on Human
Rights Defenders in Africa,SR on Refugees and Internally Displaced Persons in Africa, SR on
Freedom of Expression in Africa), etc.
• Committees,
• and Working Groups (Working Group on Indigenous Peoples)
They are mandated by the African Commission to:
• collect information and research on specific human rights issues;
• investigate human rights violations through fact-finding missions;
• And develop recommendations and strategies, engage in dialogues with states and raise awareness
of human rights.
African Committee of Experts on the Rights and Welfare of the Child (ACERWC)
ASEAN regional human
rights system
ASEAN Human Rights Regime- important
time line
 ASEAN 26th Joint Communique 1993;
 2005 –Drafting of ASEAN Charter
 2007 –Adoption of ASEAN Charter
 2008 – Entry into Force of ASEAN Charter
 2009 – Establishment of AICHR
 2010- Establishment of ACWC
 2012- Adoption of ASEAN Human Rights Declaration
ASEAN Charter
• Article 2: Principles (2)
i) respect for fundamental freedoms, the promotion and protection of human
rights, and the promotion of social justice;
j) upholding the United Nations Charter and international law, including
international humanitarian law, subscribed to by ASEAN;
(a) respect for the independence, sovereignty, equality, territorial integrity and
national identity of all ASEAN Member States;
(b) shared commitment and collective responsibility in enhancing regional peace,
security and prosperity;
(d) reliance on peaceful settlement of disputes;
(e) non-interference in the internal affairs of ASEAN Member States;
(f) respect for the right of every Member State to lead its national existence free
from external interference, subversion and coercion;
The ASEAN Charter
• Article 1- Purposes
(7). To strengthen democracy, enhance good governance and the rule of
law, and to promote and protect human rights and fundamental
freedoms, with due regard to the rights and responsibilities of the
Member States of ASEAN
• Article 14 :
(1) In conformity with the purposes and principles of the ASEAN Charter
relating to the promotion and protection of human rights and
fundamental freedoms, ASEAN shall establish an ASEAN human rights
body.
(2) This ASEAN human rights body shall operate in accordance with the
terms of reference to be determined by the ASEAN Foreign Ministers
Meeting.
 ASEAN Status of Ratifications of International Human Rights Instruments
HR Treaties / Brunei Cambodia Indonesia Lao PDR Malaysia Myanmar Philippines Singapore Thailand Vietnam Timor
Country Leste

1. ICCPR - 1992 2006 a 2009 - - 1986 - 1996 a 1982 a 2003 a

ICCPR-OP1 - 2004 s - - - - 1989 - - - -

ICCPR-OP2 - - - - - - 2007 - - - 2003 a

2. ICESCR - 1992 2006 a 2007 - 2015 a 1974 - 1999 a 1982 a 2003 a

ICESCR–OP - - - - - - - - - - -

3. CEDAW 2006 a 1992 1984 1981 1995 a 1997 a 1981 1995 a 1985 a 1982 2003 a

CEDAW-OP - 2010 2000 s - - - 2003 - 2000 - 2003

4. CRC 1995 a 1992 a 1990 1991 a 1995 a 1991 a 1990 1995 a 1992 a 1990 2003 a

CRC-OP-AC 2016 a 2004 2012 2006 a 2012 a 2015 s 2003 2008 2006 a 2001 2004 a

CRC-OP-SC 2006 a 2002 2012 2006 a 2012 a 2012 a 2002 - 2006 a 2001 2003 a

CRC-OP-CP - - - - - - - - 2012 - -

5. ICERD - 1983 1999 a 1974 a - - 1967 2015 s 2003 a 1982 a 2003 a

6. CAT 2015 s 1992 a 1998 2012 - - 1986 a - 2007 a 2015 2003 a

CAT-OP - 2007 - - - - 2012 a - - - 2005 s

7. ICRMW - 2004 s 2012 - - - 1995 - - - 2004 a

8. CRPD 2016 2012 2011 2009 2010 2011 a 2008 2013 2008 2015 -

CRPD-OP - 2007 s - - - - - - - - -

9. ICCPED - 2013 a 2010 s 2008 s - - - - 2012 s -  

Source: Office of the United Nations High Commissioner for Human Rights. www.ohchr.org.
ASEAN Intergovernmental Commission
on Human Rights (AICHR) - TORs
• Purposes (1.4)
• Principles ( 2.1 repeat the Charter, 2.4 non confrontational)
• Characteristic – a consultative body
• Mandate and functions (14 points) (see 4.10, 4.12, 4.13, 4.14)
• Composition- one each appointed by the government –
representative
• Modalities – decision making (consultation and consensus)
• Role of the Sec-Gen and ASEC
• Work plan and funding
• General and final provisions 9.6 TORs shall be initially reviewed five
years after its entry into force.
What people say?
• “[there was no] issue that took up more of our time, [no
issue] as controversial and which divided the ASEAN
family so deeply as human rights”
(Tommy Koh, Ambassador-at-Large and Director of the Institute of Policy Studies, Ministry of
Foreign Affairs, Singapore, 2008)

• “Reluctantly, I had to announce to the public the fruit of

our labors - a body whose mandate meant that it was
likely to become politicized, ineffective and toothless”.
• “AICHR’s ToR prevents it from effectively protecting
human rights and fundamental freedoms”.
(Kasit Piromya,Former FM of Thailand)
Challenges

• No explicit protection mandate

• Being a consultative body with part time representatives
• Problem with qualifications
• No dedicated secretariat
• Not an independent body
• Composition of representatives
ASEAN Inter-governmental Commission on Human Rights (AICHR)

The first-term of the AICHR representatives 2009-2012

AICHR Representatives 2013-2015
AICHR Representatives 2016-2018
AICHR Representatives 2019-2021
ASEAN Human Rights
Standards
1988 ASEAN Declaration on Advancement of Women;
2004 ASEAN Declaration on the Elimination of Violence Against Women;
2004 ASEAN Declaration on Anti Trafficking in persons;
2007 ASEAN Declaration on the Protection of Rights of Migrant Workers;
2012 Adoption of ASEAN Human Rights Declaration
2013 ASEAN Declaration on Social Protection
2015 ASEAN Convention Against Trafficking in Persons Especially Women
and Children
2017 ASEAN Consensus on the Protection and Promotion on the Rights of
Migrant Workers
2019 ASEAN Declaration on the Rights of Children in the Context of
Migration