Regional Human Rights Mechanisms

• Author: Mark Freeman, Gibran Van Ert
• Pages: 424-452

424

1 While the African system has not been especially effective to date, this may be

less a question of defects in design than the absence of political will on the part

of African states.

2 Article 4 of the Amended Declaration and Treaty of SADC 1992 requires mem-

ber states to act in accordance with “human rights, democracy, and the rule of

law.” Breaches of the Treaty are justiciable before the SADC Tribunal, which is

contemplated in the Treaty but not yet established. Similarly, the Treaty of Lagos

1975 establishing ECOWAS is based on various relevant principles including

“recognition, promotion and protection of human and people’s rights in accor-

dance with the provisions of the African Charter on Human and Peoples’

Rights.” Breaches of the Treaty are justiciable before the Community Court of

Justice, which was established in 1991.

This chapter will review the Inter-American, European, and African

multilateral mechanisms for the promotion and protection of human

rights. Of these, the Inter-American and European mechanisms are the

oldest and by any measure the most developed, particularly the latter.1

Each regional system is also composed of institutions that pursue eco-

nomic development, social development, and the maintenance of peace

and security. The focus of this chapter, however, is human rights mech-

anisms.

Not discussed in this chapter are various other regional multilater-

al mechanisms with peripheral human rights elements, such as the

South African Development Community (SADC) and the Economic

Community of West African States (ECOWAS).2Also not discussed

REGIONAL HUMAN

RIGHTS MECHANISMS

chapter 15

here is the emerging human rights system of the League of Arab States.

It has a permanent Permanent Arab Commission on Human Rights,

which is similar in mandate to the UN Commission on Human Rights,

and a specialized agency on labour rights, the Arab Labour Organiza-

tion.3In addition, the Arab Charter on Human Rights 1994 — which

has yet to be ratified by a single member of the League — contains a

proposed mechanism for enforcement of human rights. Article 40

authorizes states parties to the Charter to elect a Committee of Experts

on Human Rights. The Committee would supervise a state reporting

system akin to that under the ICCPR. As for Asia, to date there is no

multilateral human rights system for the region.4

A. The Inter-American System

The OAS is the oldest of all regional organizations. All thirty-five inde-

pendent states in the Western hemisphere — almost all of them demo-

cratically governed — are OAS members.5Canada became a Permanent

Observer to the OAS in 1972, and has been a full member since 1990.

Shortly after becoming a member, Canada took a lead role on various

human rights issues within the OAS.6

The OAS consists of two main bodies: the General Assembly and

Permanent Council. The Assembly meets annually in a regularly sched-

uled session, but also on an ad hoc basis as necessary. It is responsible for

setting most OAS policy and is roughly equivalent to the UN General

Assembly. The Council is the chief decision-making branch of the organ-

ization, especially when the General Assembly is not in session. It is the

OAS equivalent to the UN Security Council.7Both the OAS General

Assembly and Permanent Council have authority to deal with human

Regional Human Rights Mechanisms 425

3 See generally A. Robertson (revised by J. Merrills), Human Rights in the World,

3d ed. (Manchester: Manchester University Press, 1992) at 198–200. To date,

the Commission has focused overwhelmingly on the situation of Palestinians

living in the occupied territories.

4 But see the discussion of ASEAN in Chapter Sixteen.

5 Cuba is a member of the OAS as well, but its government has been excluded

from participation since 1962.

6 For example, Canada was active in establishing the Unit for the Promotion of

Democracy, currently headed by Canadian Elizabeth Spehar. The Unit is the

main body within the OAS General Secretariat focused on democratic consolida-

tion in OAS member states.

7 Canada has twice been Chair of the OAS Permanent Council. Most recently

Canada was the chair from 1 October to 31 December 2000.