A/HRC/39/58 comprehensive report on the human rights situation. The report was released in June 2000 and was crucial in ending the Fujimori regime. 22 In 1999 the Commission published a major report on the human rights situation in Colombia, in which for the first time it considered international humanitarian law, i.e., the law of armed conflict, to identify the legal regime governing the ongoing internal armed conflict. More recently, reports were issued on Guatemala (2016) and the Bolivarian Republic of Venezuela (2018) which drew attention to serious human rights challenges in those countries. The Commission has also publicized prominent individual cases, such as its issuance of a public condemnation of the murder of human rights defender Marisela Escobedo in Mexico. 23 It regularly conducts on-site visits to countries and publishes press releases with its recommendations. The Commission issues an annual report, in which it highlights the most serious human rights violations in the Americas. It also publishes thematic reports, of which the most recent refer to the criminalization of human rights defenders and human rights standards in relation to human mobility. Furthermore, it has been asking for transparency about the detention facility at Guantánamo Bay, Cuba, and urging its closure since the early 2000s. 17. While the African Commission on Human and People’s Rights is responsible for reviewing State compliance through biannual reports on country efforts to implement the African Charter, many States combine several years’ worth of reports instead of submitting biannual reports. Moreover, seven member States have yet to submit a report at all. That can be attributed to a lack of resources and interest in those States. African Commission communications have only a 15 per cent implementation rate. Nevertheless, even that level of transparency has had an impact. According to the Government of Kenya, the reporting requirements of the regional mechanism have played a major role in strengthening the rights of indigenous people. The new Kenyan Constitution provides several avenues for the protection and strengthening of the personal and collective rights of indigenous peoples. Article 27 obliges the State to develop legislation and affirmative action programmes. Article 56 obliges the State to provide for adequate representation of “marginalized groups” at all levels of government, undertake affirmative action on behalf of those groups and promote the use of indigenous languages and the free expression of traditional cultures. Article 100 requires the legislature to enact a law which will promote the representation of marginalized communities.24 18. The Arab Human Rights Committee carried out its first examination of State reports in 2012 and 2013, starting with Jordan, then Algeria and Bahrain. The concluding remarks of the Committee are now published on its website in Arabic. Civil society organizations are allowed to disseminate the concluding remarks in their countries for public outreach (through the media, websites and social networks) and follow up with the national authorities.25 IV. Challenges faced by regional and subregional human rights arrangements Structural and financial challenges 19. Broadly speaking, structural challenges refer to the way in which a lack of political will, membership issues, or greater than expected demand have manifested themselves in poorly resourced or unbalanced regional arrangements. The global human rights system is trying to do more with less. Thus, the greatest obstacle to the effective functioning of both the Inter-American Commission and Court is the lack of adequate human and financial resources. The 30 staff lawyers at the Commission, who are presently handling nearly 1,250 22 23 24 25 8 Robert K. Goldman, “History and action: the inter-American human rights system and the role of the Inter-American Commission on Human Rights”, Human Rights Quarterly, vol. 31, No. 4 (November 2009). See www.oas.org/en/iachr/media_center/preleases/2011/127.asp. Survey response by the Government of Kenya. See report of the International Federation for Human Rights and others on a seminar held in Cairo in February 2013, “The Arab League and human rights: challenges ahead”, (May 2013).

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