A/HRC/39/58
open cases, cannot keep pace with the annual increase in the number of petitions and thus
cannot meet the reasonable expectations of States and victims for their prompt resolution.
The Commission receives an average of over 2,000 new petitions each year.
20.
Membership issues also hinder both the Inter-American Commission and the Court.
As of 2013, 25 of the 35 OAS member States had ratified the Convention, while 2 have
subsequently denounced it, leaving 23 active parties. Only 21 of those parties have
acknowledged the jurisdiction of the Court in contentious cases. Notably, the United States
of America and Canada have not ratified the American Convention on Human Rights,
although the United States remains the largest donor of voluntary funds to the Commission,
despite the fact that it has not signed the Convention. It contributes $2.3 million a year and
an additional $300,000 to the Special Rapporteur for freedom of expression. Very few OAS
member States contribute voluntary funding to the Commission and the Court.26 In 2016,
when the Commission faced its most serious financial crisis, OHCHR was crucial in calling
attention to the problem. Among the challenges facing the Arab Human Rights Committee
are the delayed submissions by States parties of their first and periodic reports on the
implementation of the Arab Charter on Human Rights and the effective implementation of
the Committee’s recommendations at the national level. Furthermore, eight LAS member
States have still not ratified the Charter and are therefore not yet members of the Committee.
21.
The African Commission for Human and Peoples’ Rights also faces many structural
and resource challenges. Among them are a lack of capacity to ensure that the system is
accessible to rights holders and that norms and standards are effectively implemented and
enhanced at the national level; to monitor the non-compliance of member States with their
obligation to submit regular reports; to overcome challenges in implementing the decisions
of the Commission; and a very limited operating budget. For example, in 2002/2003, the
Commission only had a budget of $790,000, although this was subsequently increased to
around $7.9 million in 2011. 27 As with OAS, fiscal challenges are compounded by
membership problems. As of July 2017, only 8 of the 30 States parties to the Protocol to the
Charter had made the declaration recognizing the competence of the Court to receive cases
from NGOs and individuals. They are Benin, Burkina Faso, Côte d’Ivoire, Ghana, Malawi,
Mali, Tunisia and the United Republic of Tanzania. 28 Moreover, only 26 States have
accepted the jurisdiction of the Court. In its response to the survey, the Government of
Kenya noted a lack of political will to implement the decisions of the Court and a lack of
adequate funding as the main obstacles.
22.
Although it boasts the best-funded regional arrangement in the world, Europe also
has a problem with structural imbalances. Within the European system, the Convention
makes provision for civil and political rights only, while the European Social Charter
covers social and economic rights. The two are not treated equally: while accession to the
Convention is a condition of Council of Europe membership, it is not a requirement for the
Charter, underlining the lesser status accorded to social and economic rights in the
European system.29 Ironically, the most critical problem appears to be the mounting number
of individual complaints. A combination of factors - the positive public reputation of the
Court in some countries, its expansive interpretation of the Convention and entrenched
human rights problems in other countries - has attracted tens of thousands of new individual
applications annually. Such cases often last for years, resulting in a mounting backlog. As
of September 2016, the Court had issued more than 10,000 judgments but had more than
74,000 pending cases. Some say the Court is becoming a victim of its own success and now
26
27
28
29
Survey response by the Government of the United States.
See Frans Viljoen, International Human Rights Law in Africa, 2nd ed. (Oxford, Oxford University
Press, 2012).
The following 30 member States have ratified the Protocol: Algeria, Benin, Burkina Faso, Burundi,
Cameroon, Chad, Comoros, Congo, Côte d’Ivoire, Gabon, Gambia, Ghana, Kenya, Libya, Lesotho,
Malawi, Mali, Mauritania, Mauritius, Mozambique, the Niger, Nigeria, Rwanda, Sahrawi Arab
Democratic Republic, Senegal, South Africa, Togo, Tunisia, Uganda and the United Republic of
Tanzania.
See Anna Greer and Louis J. Kotzé, eds., Research Handbook on Human Rights and the Environment
(Cheltenham, Edward Elgar Publishing, 2015).
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