A/HRC/11/3
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plans but have subsequently not implemented them. By translating its reports into local
languages whenever possible, the Human Rights Commissioner ensures accessibility by all
actors, thus facilitating greater compliance by member States.
27. The Inter-American Commission has been able to have a significant impact in the region.
As a result of its findings and recommendations, member States have amended domestic
legislation, established or reopened domestic complaints procedures and amended their
constitutions. National courts are beginning to include the decisions of the Commission and
Court in their legal analysis and to apply those findings. The decisions of the Inter-American
Court have four components: financial compensation for both material and moral damages, a
guarantee of non-repetition of the violation, the payment of costs and expenses of litigation at
both the domestic and international level and non-pecuniary reparations such as the erection of a
monument, publication of the judgement in the national press, an apology, etc. Of these, it
appears that member States are most willing to provide the recommended financial
compensation and to make other reparations, for example, to erect a monument to mark an
incident. Legislative and cultural reform as recommended by the Commission or Court is much
harder to achieve at the national level. Member States appear to have particular difficulty in
investigating and prosecuting people accused of committing human rights violations.
28. Following the promulgation of a procedural rule in 2001, when member States fail to
comply with the recommendations of the Inter-American Commission, the Commission forwards
the case to the Inter-American Court unless the Commission takes a decision not to do so. From
that point on, the case is addressed in accordance with the Court procedure. The complainant, the
member State and the Commission will all be represented in the Court hearing.
29. The discussions looked at the carrot and the stick approach to encouraging compliance by
member States with the decisions of regional human rights mechanisms. While it was noted that
loss of membership of the regional organization might be the most effective means of ensuring
that the member State complied with the relevant decisions, this would be far from the most
effective means of fostering the development of a human rights culture in the member State. A
high standard of performance by the regional human rights mechanism would also encourage
member States to comply with its recommendations and decisions by proving its value to the
member States. This can be achieved in part through the production of useful and relevant
reports and decisions that offer constructive advice for human rights implementation. However,
independence and funding do have an impact on performance. States must be prepared to support
regional mechanisms adequately or they will not be capable of fulfilling their mandates for the
promotion and protection of human rights.
30. The need for harmony between international, regional and sub-regional human rights
standards was highlighted as a key institutional issue. In the Asia Pacific region, concern was
expressed that subregional bodies that might be created in the future could operate on the basis
of human rights standards that are lower than the regional or international standards. The Charter
of the League of Arab States was identified as a regional human rights document that diverges
from international human rights standards, including those in treaties ratified by the member
States of the League. This challenge notwithstanding, it was observed that the adoption of the
Charter represented a significant development in the Arab region and that the standards
contained in the Charter may be strengthened through the work of the Arab Human Rights
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