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HUMAN RIGHTS LAW. Ahmed T. Ghandour.
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CHAPTER 7. REGIONAL CO-OPERATION ON HUMAN RIGHTS ELSEWHERE.
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I. INTRODUCTION. As we viewed the role of American Convention on Human Rights which works in a difficult environment, also the role of the European Convention within its area. But what about elsewhere? In Asia and the Pacific there is no regional convention and institutions, while in the Arab World there is a commission with a limited power. But what about the convention? And in Africa there is the African Charter on Human and Peoples Right. So let us have a glance about the new regional instruments and their relation to human rights.
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II. THE PERMANENT ARAB COMMISSION ON HUMAN RIGHTS.
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THE ARAB LEAGUE.
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The Arab League is an organization that consists of independent Arab States on the territory of northern and north-eastern part of Africa and southwest Asia. Representatives of the first six member states – Egypt, Iraq, Jordan, Lebanon, Syria and Saudi Arabia – that initiated the league’s formation signed the agreement in Cairo, on March 22, 1945. At that time the League had no concern with human rights. After two decades it became interested with human rights for three reasons.
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THE THREE REASONS. 1. the effective practice and co-operation with the United Nations. The participation in UN Commission on Human Rights (UNCHR) with other regional organisations to discuss celebrating 1968 International Human Rights Day So in 1966 the League accepted the invitation and started to think about how should they implement the decision. 2. In 1967 the (UNCHR) decided to study of setting up regional commissions and the Arab League was consulted about that. 3. The International Conference on Human Rights Tehran 1968, with special care to the issue of “ respect & implementation of human rights in occupied territories.
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These developments led the Arab League to set up its own commission, and that was agreed upon in Beirut Dec.1969. But a new Commission had been founded after The ACHR has entered into force on 15/3/2008 after the elapse of two months from depositing the 7th document of ratification to the General Secretariat (GS) of the League of Arab States (LAS), pursuant to Para. 2 of Article 49 of the Charter. These States are: Jordon, Arab United Emirates, Bahrain, Syria, Palestine, Libya and Algeria.
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The AHRC was established to consider the reports of the State parties to the ACHR on the measures undertaken to enforce the rights and freedoms set forth in the Charter. The Committee is composed of 7 members (in their personal capacity) who are elected through secret ballot by the State parties. The elected members must be highly experienced and efficient and should work impartially and conscientiously. The AHRC shall not include more than one national from the same State party who may be reelected only once with due regard to the principle of rotation. The members of AHRC shall be elected for a 4- year term, while the mandate of three members elected in the first election, who are chosen by lot, shall be terminated after two years.
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THE COMMISSION’S FUNCTION. Each State party shall submit its first report to the AHRC within one year from the date on which the ACHR enters into force and a periodic report every three years. The AHRC may request from State parties additional information relating to the implementation of the ACHR. The AHRC shall provide State parties with the guidelines on the form and content of the reports in order to ensure that they are prepared in a unified and comprehensive manner that would sufficiently explain the human rights situation in State parties and the extent to which it is consistent with the provisions of the ACHR.
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After receiving the reports from the States parties, the Secretary- General of LAS shall refer them to the AHRC in order to study and examine these reports and to prepare its observations thereon prior to its discussion with the concerned State party. The discussion with the concerned State party shall be with its official delegation that represents it, the AHRC shall express its observations and recommendations in accordance with the provisions and goals of the ACHR. The AHRC`s reports, concluding observations and recommendations are considered public documents that the AHRC shall widely disseminate. The ACHR shall refer, through the Secretary-General of the LAS, an annual report containing its observations and recommendations to the Council of LAS,.
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The ACHR shall hold its meetings periodically to follow-up the human rights situation in the State parties and to consider their reports. The Committee may also hold extraordinary meetings in order to discuss any developments. The recent Chairperson of the Commission is Dr. Hady Ben Ali Alyamy.
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ARAB CHARTER ON HUMAN RIGHTS. The Arab Charter on Human Rights (ACHR) was adopted by the Council of the League of Arab States on 22 May 2004 and affirms the principles contained in the UN Charter, the Universal Declaration of Human Rights, the International Covenants on Human Rights and the Cairo Declaration on Human Rights in Islam. A number of traditional human rights are provided for, including the right to liberty and security of persons, equality of persons before the law, protection of persons from torture, the right to own private property, freedom to practice religious observance and freedom of peaceful assembly and association. The Charter also provides for the election of a seven-person Committee of Experts on Human Rights to consider States' reports.
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A first version of the Charter was created on 15 September 1994, but no state ratified it. The Charter was updated in 2004 and came into force in 2008 when seven of the members of the League of Arab States had ratified it. On January 24, 2008, then UN High Commissioner for Human Rights Louise Arbour has expressed concern over several of the provisions of the Charter. The charter is listed in the website of her office, among texts adopted by international groups aimed at promoting and consolidating democracy. As of November 2013, the Charter has been ratified by Algeria, Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Palestine, Qatar, Saudi Arabia, Syria, the UAE and Yemen
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