A/HRC/39/58
would be necessary when establishing each body, realistically taking into account which
provisions member States would be comfortable ratifying and implementing. Attention
should be focused on the extent to which compromises could be made. This approach could
lead to the proliferation of organizations based on subregions, such as Central, Eastern,
Northern, South-eastern, Southern and Western Asia. Those organizations would cooperate
with each other but would reflect the distinctive approach to human rights protection of
each subregion. In parallel, further international agreements could be created at the regional
level focusing on addressing common issues, such as child poverty or the rights of the
elderly, or technical issues such as consumer privacy rights. In the long run, of course,
efforts would be needed to integrate these diverse subregional rights systems and single
issue regimes into a coherent whole. Criss-crossing the region with a network of
subregional arrangements would allow countries to move at their own pace. In doing so,
they would be encouraged by international civil society and assisted by the United Nations
system.
46.
It is clear from the case of Europe and other successful regional arrangements in
Africa and the Americas that strong regional cooperation and coordination greatly
contribute to the consolidation of universal human rights. The networked approach is not
only effective in creating new regional mechanisms, it will also revitalize existing ones.
Joint networks are essential for ensuring that overlapping global, regional, subregional and
national human rights actors maximize their potential and avoid jurisdictional conflict. For
stronger and more effective regional mechanisms, all actors, including Governments and
civil societies, will need to play important roles in promoting multilevel cooperation, which
will include national assemblies, courts, national human rights institutions, private sector
representatives and scholars from various fields. Specifically, there needs to be awareness
that sustainable procedures are the result of a careful balance between commitment and
collaboration. Finding that balance requires careful research, honest negotiations and a
willingness to listen and learn by local and international actors alike. Put simply, human
rights can be implemented to the fullest extent only when Governments, citizens and
international civil society are willing to engage in the process.
VIII. Conclusions and recommendations
Conclusions
47.
Regional human rights mechanisms have made important achievements in
protecting human rights around the world. The European regime has made great
strides in changing laws and practices in its member States, including enhancing the
protections for vulnerable populations such as same-sex couples and children. The
Inter-American Commission on Human Rights has helped to protect human rights
defenders and the rights of indigenous peoples, and has issued reports on member
States. The African Commission on Human and People’s Rights and the Arab Human
Rights Committee publish reports which are used by civil society actors to further
advocate for the protection and promotion of human rights.
48.
Despite these successes, regional human rights mechanisms are still struggling
to overcome serious limitations. Some of them do not enjoy the membership of all
States within their respective regions. In the case of the Inter-American human rights
mechanism, the United States, Canada and most Caribbean States have not ratified
the relevant convention. Likewise, some African and Arab States have not ratified
their respective regional human rights conventions either. In Asia, there is no regionwide human rights arrangement. Regional arrangements also have many operational
limitations, including restrictions on the independence of judges, an inability to
enforce their decisions, or serious backlogs of cases. A lack of political will by relevant
States and insufficient funding are also serious obstacles, even in Europe.
49.
The United Nations is essential to forging a complementary relationship
between regional and universal arrangements, because it is in a position to work with
all regional mechanisms and promote further exchanges of information and good
practices between them. South-South cooperation is vital in strengthening existing
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