A/HRC/11/3 page 9 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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