Regional Human Rights Instruments

• Author: Mark Freeman, Gibran Van Ert
• Pages: 100-117

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1 Arab Charter on Human Rights 1994, adopted by the League of Arab States,

reprinted at (1997) 18 Human Rights Law Journal 151. Article 42(b) of the

Charter provides that it will enter into effect two months after the date of

deposit of the seventh instrument of ratification or accession with the Secretariat

of the League of Arab States. As of this writing, the Charter is under review. A

replacement treaty will likely be adopted in the near future.

2 Adopted 5 August 1990, at the Nineteenth Islamic Conference of Foreign Minis-

ters (Session of Peace, Interdependence and Development), Cairo.

3 See, for example, art. 1(a), which provides that “All human beings form one

family whose members are united by their subordination to Allah and descent

from Adam. . . .” Article 1(b) provides that “no one has superiority over another

except on the basis of piety and good deeds.” All the rights and freedoms listed

The enthusiasm for human rights in the post-war era produced not

only the UN instruments considered in the previous two chapters, but

also regional human rights law in the Americas, Europe, and (some-

what later) Africa. This chapter will review the main regional treaties

and declarations. Notably missing from this account are the Asian and

Middle Eastern regions. To date there is no Asian human rights system.

As for the Middle East, the League of Arab States has produced one

human rights treaty, but has so far attracted only one ratification.1The

Organization of the Islamic Conference has adopted the Cairo Declara-

tion on Human Rights in Islam 1990,2but the Declaration bears little

resemblance to any of the leading human rights treaties and appears to

draw its primary inspiration from the Islamic Shari’ah.3

REGIONAL HUMAN

RIGHTS INSTRUMENTS

chapter 6

Canada is a member of the Organization of American States (OAS)

and the Organization for Security and Co-operation in Europe (OCSE),

and has observer status in the Council of Europe. Canada is neither a

member nor an official observer to the EU or the African Union,

although there are longstanding areas of co-operation with the EU.4As

a rule, these regional human rights systems have operated compatibly

with the more universal UN system.

A. Instruments of the Organization

of American States

The Organization of American States (OAS) has created an extensive

legal framework for the protection of human rights. Its scope of cover-

age and its impact is second only to the Council of Europe, discussed

below. Canada has been a member of the OAS since 1990.

1) The OAS Charter

Like the UN Charter, the Charter of the Organization of American

States 1948 (OAS Charter),5as revised,6makes only a few explicit ref-

erences to human rights. Article 3(l) of the revised OAS Charter pro-

vides that “the American States proclaim the fundamental rights of the

individual without distinction as to race, nationality, creed, or sex.”

Also, article 17 of the revised OAS Charter provides: “Each State has

the right to develop its cultural, political and economic life freely and

naturally. In this free development the State shall respect the rights of

the individual and the principles of universal morality.” The most sig-

nificant human rights provision is article 45, under which OAS mem-

Regional Human Rights Instruments 101

in the Declaration are subject to the Islamic Shari’ah (art. 24), and the Islamic

Shari’ah is the only valid source of reference for explaining or clarifying any of

its articles (art. 25).

4 See, for example, the Framework Agreement for Commercial and Economic Cooper-

ation between the European Communities and Canada 1976 [1976] CanTS no. 35.

5 1948 [1990] CanTS no. 23.

6 At the time of Canada’s accession, the OAS Charter included prior amendments

pursuant to the Protocol of Buenos Aires, signed on 27 February 1967 at the

Third Special Inter-American Conference, and the Protocol of Cartagena de

Indias, approved on 5 December 1985 at the Fourteenth Special Session of the

General Assembly. The OAS Charter was subsequently amended by the Protocol

of Managua 1993 and the Protocol of Washington 1992. Canada ratified both

Protocols on 26 August 1993, but neither is listed in the CanTS.