The League of Arab States: The Role of Regional Institutions in the Protection of Human Rights

AuthorHajer Almanea
Pages84-115
(2018) 17 COLR 84
84
THE LEAGUE OF ARAB STATES: THE ROLE OF REGIONAL INSTITUTIONS IN
THE PROTECTION OF HUMAN RIGHTS
Hajer Almanea*
A INTRODUCTION
The League of Arab States (Arab League) was declared in 1945 and is considered the oldest
existing organisation in the Arab region.
1
It was comprised in the beginning of just seven
states.
2
In the present day, the League involves twenty-two states,
3
most of which have adopted
Arabic as their official language.
4
The Arab League-governed Member States lie in the Middle
East and North Africa, with a few states lying beyond this region, and covers an area of about
9.8 million square miles.
5
             
monitoring and enforcement organisation in the Arab region. This regional block could widely
promote and protect international human rights standards
6
   
faster response and improved implementation when states are closely bound by economic and
.
7
However, the Arab League is in a weak position which prevents it from playing
an effective role in the field of human rights. Thus, the Arab League in its current state ought

8
The first section of this article will briefly outline how the first version of the Arab Charter of
Human Rights faced several obstacles which prevented it from coming into existence. In
1
International Centre for Nor-for-         
accessed 1 March 2018.
2
The dates of dep osit of the instruments of ratification (and of entry into force of the pact) for each contracting
party are: Transjordan, 10 April 1 945 (10 May 1945); Egypt, 12 April 1945 (10 May 1945); Saudi Arabia, 16
April 1945 (2 Ma y 1945); Iraq, 25 April 1945 (10 May 1945); Lebanon, 16 May 1945 (1 June 1945); Syria, 19
May 1945 (4 June 19 45); and Yemen, 9 February 1946 (24 February 1946). See: Pact of the League of Arab
States (entered into force 22 March 1945).
3
The Arab League members are: Algeria, Bahrain, Comoros, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon,
Libya, Mauritania, Morocco, Oman, P alestine, Qatar, Saudi Arabia, Somalia, Sudan, Syria (has been suspended
since 2011), Tunisia, United Arab Emirates, and Yemen.
4
Cris Toffolo, The Arab League (Infobase Publishing 2008) 12-14.
5
ibid.
6
Curtis Doebbler, International Human Rights Law: Cases and Materials (CD Publishing 2004) 177.
7
Frans Viljoen, International Human Rights Law in Africa (2nd edn, Oxford Universit y Press 2007) 9-10.
8
Interview with Amre Moussa, previous Secretary General of the Arab League (as cited in Rodrigo Tavares,
Regional Security: The Capacity of International Organizations (Routledge 2 012) 111).
(2018) 17 COLR 85
85
contrast, the modern version of the Charter entered into force with indications that it could
offer real and effective protection of human rights as a regional instrument under the Arab
League. However, linking some rights in the Charter with Islamic law, along with domestic
legislation of Member States, is criticised as preventing compliance with international
standards in human rights protection. Subsequently, this article will proceed to examine the
effectiveness of the Arab League as a regional human rights organisation in light of the right
to prohibition of torture. Thus, the second section will examine Article 8 of Arab Charter with
regard to the prohibition of torture and the fulfilment of international standards of human
rights. The reports of Arab Committee for Human Rights (Charter Committee) will also be
examined with regards to this right. The proposed Arab Court on Human Rights will then be
discussed briefly. The article concludes that the Arab League is becoming more effective in
this field through the Charter Committee, despite the serious flaws of this body such as the
non-binding nature of its recommendation and the lack of an individual complaint mechanism.
In spite of the flawed history of the League, there is still hope that the Member States could
adhere to international standards.
B INTERNATIONALISATION OF THE CONCEPT OF HUMAN RIGHTS
I The Arab League and International Human Rights Standards
It is important to review the role played by the Arab League in the Arab world against the
background of the international human rights movement. Human rights discourse emerged
during World War II and was followed the drafting of the United Nations (UN) Charter in
1945.
9
         

10
This Charter was enforced as an international
9
Craig Durham, International Human Rights Law: A Legitimate Inf luence or Constraint on Sovereign
 [1997] Australian International Law Journal 56, 58.
10
Bardo Fassbender, The United Natio ns Charter as the Constitution of the International Community (Martinus
Nijhoff Publishers 2009) 3.
(2018) 17 COLR 86
86
treaty in 1948 following ratifications from the majority of states.
11
The UN Charter established
the six organs of the UN
12

13
The concept of human rights became the subject of a global movement,
14
when the idea of an
International Bill of Human Rights came into being. Human rights were protected under a non-
binding instrument in the form of the Universal Declaration of Human Rights (UDHR).
However, the general principles proclaimed in it have since been transformed into binding
treaty obligations
15
under the International Covenant on the Economic, Social and Cultural
Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR).
16
These conventions (and other international instruments and declarations) promulgated by the
General Assembly of the UN are the basis of the human rights movement as they contain many
principles and rules relating to these rights and the resulting freedoms.
17
The ratification of human rights conventions has always revealed the states who are willing to
respect those rights and fundamental freedoms. In recent years, many states have been rushing
to ratify various human rights treaties, even though they are not binding unless states choose
to ratify and abide by them.
18

motivations in acceding to those treaties,
19
it seems that the ratification of these agreements by
the developing states (including the Arab League Member States) is likely to be motivated by
11
       United Nations)
acces sed 1 March 2018.
12
The organs (as originally enacted) are: General Assembly; Security Council; Economic and Social Council;
Trusteeship Council; International Court of Justice, and; Secretariat.
13
Javaid Rehman, International Human Rights Law (2nd edn, Longman Pub Group 201 0) 28.
14
Louis Sohn, The New International Law: Protection of t he Rights o f Individuals Rather Than States-
83) 32 American University Law Review 1, 1.
15
         
(1988) 63 Washington Law Review 10.
16
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 Mar ch
1966, entered into force 3 January 1976) 993 UNTS 3.
17
Purna Sen and Jena Patel, Human Rights in the Commonwealth: A Status Report 2010 (Co mmonwealth
Secretariat 2011) 11.
18
However, certain provisions may be part o f customary international law so it would bind the states even if the
 
          
(1999) 36(1) Journal of Peace Research 95, 97.
19
-

68(2) Journal of Politics 3-03) 55(5) Stanford Law Review
1821.

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