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The League of Arab States and the protection of human rights : a legal analysisAlmakky, Rawa Ghazy January 2015 (has links)
The United Nations has created an abundance of human rights treaties and declarations over the decades to promote a culture of human rights and to set normative provisions of human rights standards for all states to follow. This broad effort is supplemented by the work of regional human rights organisations, which aim to ensure implementation of these fundamental precepts, and to enhance its work to suit its regional circumstances, offering a protective source of jurisprudence at the domestic level. One such organisation, which this thesis examines, is the Arab League. In critically examining the history and the work of the Arab League, the study highlights the deficiencies in promoting and protecting human rights. In this context, this thesis critically examines the Arab League’s development and relationship with the wider international human rights apparatus. It provides a comprehensive overview of the system of the United Nations and its specialised organs that with the resolutions adopted helped the League establish its own regional human rights systems. It traces the history of the application of international human rights discourse in the Arab world. Accordingly, an attempt is made to conceptualise the universality of human rights in the region and the impact of the Shariah discourse. It then attempts to provide an analytic description of the Arab League and background to the region and undertakes an in-depth critical analysis of the structure of the League and assesses its impact in the region, all of which may have incentives to the League’s attempt to institutionalise, promote and protect human rights. The study considers the efforts made by the Arab Permanent Commission on Human Rights and its specialised agencies that ultimately led to the adoption of the Arab Charter on Human Rights (1994). After examining the limitations of the Commission and its work, the scope and structure of the revised Arab Charter on Human Rights (2004) is critically analysed. The study also examines and evaluates the legislative framework of the Arab Human Rights Committee (the Charter’s enforcement mechanism as per Art.45). A case study of the Syrian Arab Republic and the analysis of continuing violations of human rights in the region illustrate the deficiencies and limitations of the Arab League as a regional organisation.
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New architecture for the UN human rights treaties monitoring mechanisms : merging and partitioning the committeesMebrahtu, Simon January 2006 (has links)
"In the past 40 years these various procedures and outputs of the United Nations Human Rights Treaty System (UNHRTS) have gradually become sophisticated, developed and strengthened. It has made contributions to the promotion and protection of human rights. Despite its achievements, however, it also faces serious challenges and weaknesses, which induces some insider commentators to evaluate it as 'a system in crisis' and to criticise the whole system as one that urgently needs 'a complete overhaul'. From time to time, several proposals were made to improve the situation. However, the underlying problems persisted. Thus further and radical calls for re-organisation of the monitoring mechanism of the UNHRTS into a Unified and Standing Treaty Monitoring Body (USTMB) was made very recently. A further call for consolidation was made more explicit subsequently. In March 2006 the UN High Commissioner for Human Rights (UNHCHR) has issued a Concept Paper proposing to consolidate the current treaty monitoring bodies (TMBs) into a USTMB in an attempt to address the persistent problems the UNHTRS monitoring mechanism has been facing. A proposal regarded as too radical by many insiders of the UNHRTS. In view of the serious weaknesses of the UNHRTS monitoring mechanism, the initiated reform is a positive step. However, in seeking to introduce reform, and particularly within the UNHRTS, great caution is important not to throw the baby with water in the reform process. There is real concern about squandering, in the name of reform, the progress achieved over the last decades. In order to introduce an effective reform, it is important to be aware of [what] has worked and what has not, and make strategic choices based on these insights. In view of the proposed USTMB as a solution to the weakness of the system, balancing the reform initiative so that it will inherit the positive legacies while redressing the weakness is, therefore, a major contemporary concern." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Mr. E.Y. Benneh at the Faculty of Law, University of Ghana, Accra, Ghana / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM
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