A/HRC/39/58
activities. 43 According to the online monitor run by CIVICUS, civil society space is
narrowed, obstructed, repressed and even closed in most countries around the world, with
only a few northern European countries and New Zealand classified as truly open. 44
Shrinking civil society space suggests that NGO efforts to create subregional and regional
mechanisms from the bottom up cannot succeed unless they receive sustained support and
coordination by international actors.
VII. Implications for the protection of human rights through
regional and subregional human rights arrangements
38.
The foregoing analysis of the achievements and challenges of regional human rights
arrangements suggest that the most important factors determining the success or failure of
regional human rights mechanisms include the following factors:
(a)
Commitment:
(i)
The intent and will of individual States to conform to regional and
international standards;
(ii)
Signing and ratification by most, if not all, of the States in the region;
(iii)
Changes in laws or legal practices by individual States in the region;
(iv) Securing adequate human and financial resources for the regional and
subregional human rights arrangements;
(b)
Procedures:
(i)
Ensuring the institutional independence of judges from national interests and
influences;
(ii)
Resolving backlogs and delays in human rights mechanisms (especially
courts) and preventing future backlogs;
(iii) Establishing enforcement mechanisms for decisions by regional human rights
mechanisms;
(iv)
Monitoring mechanism to follow up on decisions and increase transparency;
(v)
Maintaining the integrity and neutrality of regional mechanisms;
(c)
Collaboration:
(i)
Alliances between global and local human rights organizations to uphold
international standards and hold perpetrators of violations accountable;
(ii)
Role of national human rights institutions in coordinating and strengthening
the implementation of decisions and increasing the likelihood of compliance;
(iii) Protection of and participation by members of civil society in submitting
petitions, representing victims, pressuring responsible actors and following up on
court decisions.
39.
Ideally, the efficient functioning of a regional mechanism requires all three factors to
operate in unison. A lack of member State commitment undercuts the vitality of the entire
structure, while a mismatch between commitment and collaboration will create adversarial
relationships that complicate the procedural level. Although the potential for procedural
flaws and inefficiencies exists in all regional arrangements, a synergistic relationship
between member State commitment and collaboration with international and civil society
43
44
14
Council on Foreign Relations, International Institutions and Global Governance Program, “The global
human rights regime” (May 2012), Available from www.cfr.org/human-rights/global-human-rightsregime/p27450.
See https://monitor.civicus.org/.
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