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Statements Office of the High Commissioner for Human Rights

Opening Remarks of the Deputy High Commissioner for Human Rights at the OHCHR Workshop on Regional Arrangements for the Promotion and Protection of Human Rights 24 and 25 November 2008

24 November 2008



Mr. Chairman,
Distinguished participants,
Ladies and Gentlemen,


I am very pleased to welcome you to this workshop on regional arrangements for the promotion and protection of human rights, which gathers representatives of regional and sub-regional arrangements, experts, interested Member States and observers, as well as representatives of national human rights institutions and NGOs. The workshop was called for by the Human Rights Council in its resolution 6/20 'for an exchange of views on good practices, added value and challenges for regional arrangements'.

Over the next day and a half, you will have a unique opportunity to share the experiences of regional mechanisms in the promotion and protection of human rights. This, I believe, marks the first time that representatives of regional human rights mechanisms from across the world have come together with the aim of furthering engagement with each other, with the Office of the High Commissioner for Human Rights (OHCHR) and with the Human Rights Council.

Ladies and gentlemen,
The role of regional human rights courts and commissions cannot be overemphasised. They have long been at the forefront of efforts to define and apply international norms to regional contexts and in closer proximity with right holders and duty-bearers. Various regional mechanisms have developed jurisprudence that has contributed invaluable interpretations and implementation not only of regional charters, but also of the standards contained in the Universal Declaration on Human Rights (UDHR), which marks its 60th anniversary this year, as well as in international human rights treaties that grew from UDHR.

In particular, the active presence and initiatives of courts and commissions at the regional level has led to increased respect for human rights standards amongst duty-bearers. For several decades, this has been the case in both Europe and America, which are hosts to strong regional human rights mechanism, with the European Court of Human Rights and the Inter-American Commission and Court of Human Rights, as well as organizations with a strong human rights focus such as the Organization for Security and Cooperation in Europe (OSCE) and its Office of Democratic Institutions and Human Rights. Furthermore, in Europe, the new Fundamental Rights Agency of the European Union provides guidance on the domestic application of community law.

While there are naturally disparities in the strength of the regional mechanisms, over time we have seen that they have grown in capacity and determination. An excellent example is to be found in Africa: while the African Charter on Human and People’s Rights has been noted for its emphasis on claw-back clauses that subject fundamental rights to regulation under national law and states’ rights, the Commission created to promote its implementation has over the years developed an impressive body of jurisprudence. This, in turn, has brought the implementation of the Charter into almost near harmony with international human rights norms and best practices. The African Court of Human and Peoples’ Rights will begin hearing cases in early 2009. Such a development will undoubtedly lead to vital improvements for human rights protection at the regional level. It is this kind of experiences and lessons learned that I hope will be shared over the course of this workshop to increase the strength of regional and sub-regional human rights mechanisms across the globe.

In this vein, it is highly encouraging that many regional and sub-regional groupings have embarked on the process of establishing their own pertinent human rights mechanisms. OHCHR stands ready to assist all our partners at the regional level in this process. However, it is even more important that the emerging mechanisms are able to learn from peer experience.


Distinguished participants,
Another aim of this workshop is to emphasize the nexus between regional mechanisms, between such mechanisms and the Human Rights Council, and between regional mechanisms and OHCHR. I invite you to reflect on these relationships and on how we can make them more effective, particularly in light of the international tools for human rights protection and promotion, such as the Universal Periodic Review and treaty body reporting.

Since its inauguration in June 2006, the Human Rights Council has endeavored to live up to the expectative placed upon it as the preeminent intergovernmental forum tasked with advancing the human rights discourse and action. The Council’s Working Group meeting on the Universal Periodic Review (UPR), providing for an assessment of the human rights record of all UN Member States at regular intervals, has been a particularly valuable innovation. Some benefits have already emerged from the first two sessions of the UPR WG this year. These include increased peer leverage in promoting transparency amongst Member States in the implementation of their human rights commitments, as well as voluntary pledges to that effect. As we continue through this first cycle, the UPR promises to be even more thorough and useful as a tool to give effect to human rights on the ground and there is ample room for regional arrangements to contribute to the process. I hope that your discussion will explore some concrete ideas in this regard.

Ladies and Gentlemen,
I think we would all value the role of national human rights institutions and civil society in the development of regional and sub-regional human rights mechanisms. The expansion of human rights protection at the regional and sub-regional levels could not have been possible without the commitment and dedication of national human rights institutions and civil society. They provide the research, documentation, advocacy and awareness-raising that form the part and parcel of human rights’ advancement. As the principal advocates of rights-holders, the ideas of these partners have enhanced and will continue to foster a better understanding on how to improve the tripartite relationship between regional mechanisms, the Human Rights Council and OHCHR.

From the perspective of OHCHR, I would also like to mention that we are in the process of increasing our network of regional offices, which aspires to play an instrumental major role in the delivery of technical assistance and human rights expertise to partners at the regional level. Nine regional offices are now in existence and three more are expected to be established in the near future. Due to their location in the field, these offices can work more closely with the regional mechanisms. An example of that collaboration is offered by our regional office for East Africa, located in Addis Ababa, which has developed a strong working relationship with the African Commission on Human and Peoples’ Rights. OHCHR further trusts that through its new Regional Office in Europe to be opened in 2009, it will be able to engage in a more sustained manner with the important human rights mechanisms of the European Union and other European regional organizations. With the expansion of this network of regional offices, OHCHR aims to systematize the interaction with regional human rights arrangements.

In Asia and the Pacific, where no regional mechanism currently exists, OHCHR has supported the ongoing Asia Pacific Framework for regional cooperation. Currently, ASEAN Member States are leading the way with a groundbreaking initiative to create an ASEAN human rights body. We are very happy to welcome the ASEAN Secretariat and other regional partners as observers at this meeting, and we stand ready to assist ASEAN with this important initiative, including through our Regional Office in Bangkok.

These are some preliminary thoughts on your important gathering. We look forward to the discussions to be fruitful over the next two days.

In closing, I would like to thank the Chair, Amb. Van Meeuwen and his delegation, as well as the delegations of Armenia, Mexico and Senegal, for their leading role in the Council in this matter and for providing the political will so that OHCHR would undertake this important initiative.

Thank you.