Regional Organizations and Human Rights

1. What is General Assembly Resolution 32/127 about? And what are the advantages of having the regional systems?

GAR 32/127 mentioned the creation of regional systems for the promotion and protection of human rights, as it was needed to promote regional cooperation for the promotion and protection of human rights.

Advantages of having the regional systems:

  • It seeks states in the same geographical areas to consider agreements to establish such a system.
  • Request the Secretary-General to prioritise the discussion and establishment of the regional system.
  • Appeal to the Secretary-General to submit a progress report on the implementation of the present resolution to the General Assembly at its 33rd session.

These systems do not prosecute individuals or decide individuals’ responsibility for human rights violations. By creating and joining regional human rights treaties, States have agreed to respect, protect, and guarantee the enjoyment of specific freedoms for all people within their territories.

The Council of Europe is an international organisation founded after world war 2, and it’s main goal is to uphold democracy, human rights and rule of law in European countries. It has 47 member states, approximately over 800 million people.

a). The history of the organisation is that as stated before it was founded after WWII, specifically in 1949, it was established so that a tragedy like WWII would never happen again. And on 7 May 1948, delegates from 20 European countries came together to the Hague congress, and started to sketch out a theme of uniting Europe. Shortly after the congress in Hague, Belgian Ministry of forieng affair, Paul Henri Spaak called for a creation of a European assembly, with wide-ranging powers, composed of member of parliament from various states and deciding by majority vote. And on march, 5, 1949, in St James Palace, in London, where the treaty constituting the statue of the council of Europe was signed, with 10 countries at that time that include: Belgium, France, Luxembourg, the Netherland, the UK, Ireland, Italy, Denmark, Norway and Sweden. And as the years go on, more and more European countries join the Council of Europe.

b). The structure of the Council of Europe consists of: (vm.ee, 2015)

  • the Committee of Ministers: highest decision-making body with annual ministerial meetings. Presidency changes bi-annually and alphabetically.
  • Parliamentary Assembly: passes recommendations and resolutions, expresses opinion on the documents of the Committee of Ministers, follows the situation of democracy and human rights in the member states and non-member states.
  • the Secretariat (led by the Secretary General): leads the organisation, elected every 5 years. Responsible for strategic planning of actions and budget, day-to-day management, and act as the representative of the organisation.
  • the European Court of Human Rights: is a permanent international court to defend and fulfil human rights based on its convention.
  • the Commissioner for Human Rights: is an independent institution who raises awareness on human rights and enhances their adherence. It compiles reports on members and topics.
  • the Congress of the Council of Europe: The congress is essentially a forum of 200 000 regional and local authorities where the elected members of the local governments can discuss problems, change experiences and develop common policies. The aim of the congress is to strengthen democracy and improve services on a local and regional level.

c). Major Achievements of Council of Europe on Human Rights (coe)

  • Abolition of Death Penalty: European Convention on Human Rights
    • Protocol No. 6 in 1983
    • Protocol No. 13 in May 2002
  • Strengthen Human Rights:
    • Council of Europe’s Committee for the Prevention of Torture: makes unannounced human rights inspections of prisons in 37 member states.
    • the European Committee of Social Rights: verifies rights of European Social Charter are implemented in member states.
    • Group of States against Corruption: identifies bad national anti-corruption policies and gives recommendations.
  • Against Discrimination and Racism:
    • The European Convention on Human Rights: prohibit any form of discrimination
    • European Commission against Racism and Intolerance: analyzes issues of minority rights and make recommendations
  • Freedom of Expression:
    • the European Court of Human Rights
  • Gender Equality:
    • The Council of Europe Convention on preventing and combating violence against women
  • Children’s Rights
    • Convention for the Protection of Children against Sexual Exploitation and Sexual Abuse, adopted on 1st July 2010
  • Defence of cultural diversity
    • White Paper on Intercultural Dialogue
  • Election observation
    • the Parliamentary Assembly of the Council of Europe: help guarantee democratic, free and fair elections.
    • The Congress of Local and Regional Authorities: observes local and regional elections
  • Education in human rights and democracy: conducted by these bodies:
    • The Council of Europe Charter on Education for Democratic Citizenship and Human Rights Education
    • Council of Europe’s European Youth Centres in Budapest and Strasbourg
    • European Youth Foundation
  • Quality of medicines and health care
    • European Directorate for the Quality of Medicines & HealthCare: ensuring optimum standards for protecting public health in Europe

3. The Organization of American States: History, what they do, structure, and more focus and examples on human rights

  • The Organization of American States (OAS) is a regional inter-governmental body focused on human rights, electoral oversight, social and economic development, and security in the Western Hemisphere.
  • Historically, The OAS was based on the ideas of the United States’ Monroe Doctrine, particularly the concept that an assault on one American state was considered an attack on all. The OAS intended to “continentalize” the Monroe Doctrine, imposing duties on other countries while preserving the United States’ prerogative to strike immediately in self-defense.

The importance of the OAS  is in regards to regional diplomacy in which its efforts are to increase regional security and commercial cooperation. The United States and twenty other governments in the Western Hemisphere signed the OAS charter in 1948, years after member states signed the Inter-American Treaty of Reciprocal Assistance, the membership then has increased to 35 states with 72 permanent observers.

  • The OAS’s administrative backbone is the General Secretariat, which is led by a secretary-general chosen for a five-year term. The OAS’s primary policy-making body is the General Assembly, which meets annually and is attended by foreign ministers or chiefs of state from member countries. The General Assembly oversees the OAS’s budget and other specialized groups. Nevertheless, all collective action must be approved by the two-thirds majority of the voting system.
  • The Inter-American Commission on Human Rights System is established by an OAS resolution in 1959 and entered into force in 1970, which works closely related to the hearings on specific topical areas of concern, publishes studies and reports, requests the adoption of precautionary measures to protect individuals at risk, and has established several thematic rapporteurships to more closely monitor certain human rights themes or the rights of specific communities in the hemisphere.****

4. What is Organization of African Unity/the African Union? Describe the history, what they do, structure, and major works on Human Right.

  • Definition: The African Union (AU) is a continental body consisting of the 55 member states that make up the countries of the African Continent. It was officially launched in 2002 as a successor to the Organisation of African Unity.
  • History: In May 1963, 32 Heads of independent African States met in Addis Ababa Ethiopia to sign the Charter creating Africa’s first post-independence continental institution, which called the Organisation of African Unity (OAU). It was the manifestation of the pan-African vision for an Africa that was united, free and in control of its own destiny and this was solemnised in the OAU Charter in which the founding fathers recognised that freedom, equality, justice and dignity were essential objectives for the achievement of the legitimate aspirations of the African peoples and that there was a need to promote understanding among Africa’s peoples and foster cooperation among African states in response to the aspirations of Africans for brother-hood and solidarity, in a larger unity transcending ethnic and national Differences. The guiding philosophy was that of Pan-Africanism which centred on African socialism and promoted African unity, the communal characteristic and practices of African communities, and a drive to embrace Africa’s culture and common heritage.
  • What they do: The AU work to promote Africa’s growth and economic development by championing citizen inclusion and increased cooperation and integration of African states.
  • Structure: The work of the AU is implemented through several principal decision making organs: The Assembly of Heads of State and Government, the Executive Council, the Permanent Representatives Committee (PRC), Specialised Technical Committees (STCs), the Peace and Security Council and The African Union Commission.
  • The major works on HR:
  • They have ****AGENDA 2063 which is Africa’s blueprint and master plan for transforming Africa into the global powerhouse of the future. It envisions a continent in which there is a universal culture of good governance, democratic values, gender equality, and respect for human rights, justice and the rule of law. The AU works with member states to develop and implement policies that aim to building strong well governed institutions and enact laws that will ensure Africa’s citizens are fully engaged and involved in policy making and development initiates and that these citizens are provided the safe and secure environments in which to live.
  • The AU has ensured that various treaties and policies are put in place to ensure good governance as well as the protection of civil liberties and the preservation of rights of African citizens . AU treaties on the right of persons include the African Charter on the Rights and Welfare of the Child, African Charter on Human and Peoples’ Rights, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, African Youth Charter and the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa.
  • The Judicial, Human Rights & Legal Organs of the AU have been established to support the implementation of good governance and respect for human rights on the continent. They include the African Commission on Human and Peoples’ Rights (ACHPR), African Court on Human and Peoples’ Rights (AfCHPR), AU Commission on International Law (AUCIL), AU Advisory Board on Corruption (AUABC) and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC).
  • The Department of Political Affairs of AU is responsible for promoting, facilitating, coordinating and encouraging democratic principles and the rule of law, respect for human rights, participation of civil society in the development process of the continent and the achievement of durable solutions for addressing humanitarian crises. The department also coordinates the implementation of the African Governance Architecture as well as implementing sustainable solutions to humanitarian and political crises including preventive diplomacy.