A/HRC/39/58
regional mechanisms and developing new ones. The United Nations can also
strengthen the international legal order by actively promoting the exchange of
jurisprudence between regional mechanisms and active dialogue regarding common
issues and best practices. That is important for resolving potential tensions between
the universal approach to human rights and regional approaches. More specifically,
the partnership between OHCHR and human rights mechanisms (particularly
through its regional and country offices and through its special procedures and treaty
bodies) has proven crucial in the promotion and protection of human rights at the
local level. OHCHR helps regional mechanisms and States with drafting human rights
instruments, following up on the universal periodic review, supporting the work of
national human rights institutions, providing platforms and training, and by acting as
a bridge between global and regional mechanisms.
50.
National human rights institutions and civil societies have also contributed to
regional and subregional human rights arrangements. They play a special role as an
institutional bridge between individuals and States and between States and
international society. Meanwhile, members of civil society have made significant
contributions to ensuring the long-term effectiveness of regional human rights
arrangements. NGOs, although facing resource constraints and shrinking civil society
space, successfully spread human rights values, lobby Governments, publish
independent reports, create blueprints for further human rights progress, draft
human rights conventions and even help to create new international bodies. This
bottom-up pressure can help regional arrangements to work more smoothly in cases
of strong member State commitment and can help generate commitment where it is
initially lacking.
51.
At their best, regional human rights mechanisms can change State laws and
practices, promote the rights of the most vulnerable and serve as a reference model
for member States and neighbouring regions. To achieve optimal results from such
arrangements, there is a need to ensure that most, if not all, States within the region
ratify the relevant conventions. There is also a need to ensure the independence of
judges and the existence of an enforcement mechanism for their decisions. The
implementation of a monitoring mechanism to follow up on decisions is also necessary,
as is allowing members of civil society to participate in the process. More broadly,
collaboration with OHCHR, State Governments, local governments, national human
rights institutions, corporations and NGOs at all stages of the development and
operation of a mechanism must be ensured and strengthened. Lastly, securing human
and financial resources is vital for ensuring effective operation.
52.
The implications of the present study for the prospects of a new regional
mechanism in Asia is that all actors, including Governments and civil societies, must
play strong roles in promoting a mechanism of multilevel cooperation. Although there
are several possible routes to creating a regional arrangement in Asia and improving
existing mechanisms elsewhere, it is certain that this cannot be accomplished by
simply mimicking mechanisms from other regions. It requires strong State leadership,
supplemented by all relevant stakeholders such as national assemblies and legislatures,
courts, national human rights institutions, law enforcement agencies and even
corporations.
Recommendations
53.
Member States of regional human rights arrangements need to make greater
efforts to guarantee adequate funding for the latter. Without funds, even the best
designed procedures will struggle to protect human rights adequately. The
sustainability of regional arrangements requires strong commitment by member
States and the active participation and oversight of other human rights organizations,
both domestic and international. That said, worsening economic conditions around
the world mean that regional arrangements may face increased competition for access
to State budgets. There is a need for innovative thinking and experimentation by
human rights practitioners and the international community to find ways to enable
regional arrangements to do more with less. Leveraging new technologies for greater
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents