A/HRC/39/58
efficiencies or streamlining traditional methods of human rights litigation are just
some of the ways that resource constraints could be managed in the years ahead.
Another promising possibility is using private-public partnerships to forge new types
of funding arrangements between regional human rights mechanisms and Western
donors, especially large charitable foundations.
54.
Asia may consider establishing a human rights court or a similar human rights
institution with a relevant mandate, building on lessons learned from other regions.
One way to create the necessary political consensus for this court would be an
innovative adaptation of the pre-existing universal periodic review process. Since all
Asian countries participate in that process, it could be leveraged to facilitate
discussions on enhancing regional human rights cooperation. Ideally, a regional
subforum based on the universal periodic review, especially if it was open to the
expanded participation of civil society, scholars and other relevant stakeholders, could
focus on cooperative solutions to common problems, carry out peer reviews and
encourage States to share their experiences on how to implement its recommendations.
It is noteworthy that regional mechanisms, such as the Council of Europe, the OSCE
Office for Democratic Institutions and Human Rights and the European Union
Agency for Fundamental Rights, are now taking part in the universal periodic review
process in Europe, which helps both OHCHR and the States involved. In Asia, this
process could be reversed. Starting modestly as an institution for providing technical
assistance to States engaged in the universal periodic review process, such a subforum
would be well placed to evolve into a more comprehensive regional mechanism.
55.
More support needs to be given to the actors that play key roles in establishing
regional human rights cooperation at the national and local level, particularly
parliaments and legislatures, law enforcement agencies, courts and municipal or local
governments. A regional human rights mechanism is only as strong as the local actors
responsible for implementing and guaranteeing its protections. The facilitation of
horizontal cooperation between those actors will permit the dissemination of best
practices and help to create State preferences for regional human rights cooperation
from the ground up. As such, in the present report the Advisory Committee reiterates
its earlier recommendation that local governments participate more in United Nations
human rights mechanisms (A/HRC/30/49). The support provided by OHCHR for
human rights education at the level of local communities in Georgia in 2015 is
noteworthy in that regard.46
56.
Regional human rights arrangements can further improve their effectiveness
by improving their communications and information dissemination. For instance, the
Government of Montenegro recommends the appointment of focal points for the
European Court and the Council of Europe who would regularly disseminate
information about special procedures and treaty bodies. 47 That could involve
cooperation with human rights institutions inside their jurisdictions, such as national
human rights institutions, civil society groups and individual scholars, as well as
coordination and information-sharing with other regional human rights arrangements.
Moreover, regional mechanisms must be more effective at explaining their importance
to the public because popular support is essential for maintaining a high level of
commitment.
57.
Human rights institutions, including regional human rights regimes, should
cooperate by tackling region-wide thematic issues, including but not limited to,
women’s rights, children’s rights, the rights of migrants and the rights of persons with
disabilities. Efforts should be made to develop the treaties on specific subjects and
systems into effective tools for the promotion of human rights. An excellent case in
point is the Sustainable Development Goals, which officially aim to “realize the
human rights of all.” Regional cooperation in the practical implementation of the
Goals not only has tangible developmental benefits for the countries involved but can
46
47
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Survey response by the Government of Georgia.
Survey response by the Government of Montenegro.
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