ISLAMIC UNIVERSITY IN UGANDA

FACULTY OF LAW

INTERNATIONAL AND REGIONAL HUMAN RIGHTS

COURSE WORK: GROUP THREE

LECTURER: DR ZAINAB ABDUWAHAB ZUBAIR

GROUP MEMBERS

NAME REGISTRATION NO SIGN

ALI NUR ALI 121-053012-24102

KAWOOYA IMAMU SHAFIKI 121-053011-24160

KHABUNGALA IRENE 121-053011- 25196

UTHMAN ISSA KIZITO 121-053011-24371

ASSIGNMENT.

DISCUSS THE CONCEPT OF REGIONAL HUMAN RIGHTS AND

CONVENTIONS.
Introduction
Regional human rights conventions are the legal instruments designed to protect and
promote human rights within specific geographical areas. These instruments vary by
region but generally aim at ensuring the rights and freedoms of individuals.

Regional human rights law plays a crucial role in enhancing the global human rights
framework by addressing specific cultural, social, and legal concerns within particular
regions. These laws, often enshrined in conventions and treaties, are supported by
regional institutions that monitor, protect, and enforce human rights. Here we explore
the key regional human rights systems— Europe, Africa, and the Americas and their
respective conventions, as well as the importance of these regional mechanisms in
complementing international human rights law.

1. The European System

The European human rights system is one of the most advanced and widely recognized.
It is governed primarily by the European Convention on Human Rights (ECHR), which
was adopted in 1950 under the Council of Europe. The ECHR outlines fundamental
rights such as the right to life, freedom from torture, and freedom of expression. The
system is enforced by the European Court of Human Rights (ECtHR), based in
Strasbourg, France, which has jurisdiction over the member states of the Council of
Europe. Individuals and states can bring cases to the Court if they believe their rights
under the Convention have been violated. The ECHR’s binding decisions have played
a significant role in shaping human rights law across Europe, leading to legal reforms in
many member states.
Notably, the ECHR allows for the concept of subsidiarity, meaning that national
authorities are given the first opportunity to address human rights violations before the
European Court intervenes. However, the ECtHR acts as the ultimate arbiter, ensuring
compliance and uniformity in the protection of human rights throughout Europe.

The creation of the ECHR was a response to the devastation caused by the two world
wars, as well as the human rights violations during totalitarian regimes, particularly in
Nazi Germany. In 1949, the Council of Europe was formed to foster unity, peace, and
democracy across Europe, and soon after, the Convention was drafted. It was the first
treaty to establish an international legal mechanism for the protection of human rights,
setting a ground breaking precedent.

The ECHR came into force on September 3, 1953, and it has since been ratified by all
46 member states of the Council of Europe. While originally designed for Western
European democracies, it expanded after the collapse of the Soviet Union,
incorporating many Eastern European countries.
Key Features of the ECHR

The Convention outlines a broad range of civil and political rights that are to be
guaranteed to all individuals within the jurisdiction of the signatory states. Key
provisions include:

1. Right to Life1 : This article protects the individual's right to life and outlines the
conditions under which deprivation of life can be justified, such as in self-defence
or law enforcement measures.
2. Prohibition of Torture 2 : Torture, inhuman or degrading treatment or
punishment is strictly prohibited under all circumstances, reflecting a core
principle of international human rights law.
3. Right to Liberty and Security3 : This article safeguards individuals from arbitrary
arrest and detention, emphasizing the need for legal procedures and judicial
oversight when depriving someone of their liberty.
4. Right to a Fair Trial4 : This guarantees the right to a fair and public hearing within
a reasonable time by an independent and impartial tribunal, one of the
cornerstones of the rule of law.
5. Freedom of Expression 5 : Individuals have the right to express themselves freely,
though this right can be limited to protect the rights of others, national security,
public safety, or prevent crime.
6. Right to Private and Family Life6 : This protects personal privacy, family, home,
and correspondence from unjustified interference by the state.

The ECHR has undergone several protocols or amendments, which have expanded the
scope of human rights protections. For instance, Protocol 1 addresses property rights,
the right to education, and the right to free elections, while Protocol 6 and Protocol 13
deal with the abolition of the death penalty.

Enforcement Mechanisms

The European Court of Human Rights (ECtHR) plays a central role in the enforcement
of the ECHR. Individuals, groups, and states can bring cases before the Court if they
believe their rights under the Convention have been violated by a member state. The
Court’s judgments are legally binding, and states are required to implement the Court’s
decisions.

1
Article 2
2
Article 3
3
Article 5
4
Article 6
5
Article 10
6
Article 8
The Committee of Ministers of the Council of Europe is responsible for supervising the
execution of the Court’s judgments. States that fail to comply with the rulings can face
diplomatic pressure, reputational damage, and, in extreme cases, expulsion from the
Council of Europe.

Challenges and Criticisms

Despite its successes, the ECHR faces several challenges:

1. Backlog of Cases: The ECtHR has struggled with a high volume of cases, leading
to significant delays in hearing and deciding cases. This backlog undermines the
effectiveness of the Court in delivering timely justice.
2. Political Resistance: Some member states have resisted implementing ECtHR
judgments, particularly when the rulings conflict with national policies or
political interests. For example, the UK has challenged certain rulings on
prisoners' voting rights, and Russia has refused to enforce several judgments
related to human rights violations.
3. Sovereignty Concerns: The binding nature of the Court's rulings has led to
debates about national sovereignty. Some governments have expressed concerns
about external interference in domestic legal and political matters, arguing that
the Court's decisions infringe upon state sovereignty.

Impact and Importance

Despite the challenges, the ECHR has had a profound impact on human rights law and
jurisprudence across Europe. It has served as a model for other regional human rights
systems, such as the Inter-American Convention on Human Rights and the African
Charter on Human and Peoples’ Rights. The ECtHR has delivered landmark judgments
on various issues, including freedom of speech, the right to a fair trial, and protection
against torture. Many of these rulings have led to significant changes in domestic law
and policy.

Furthermore, the ECHR has been instrumental in promoting democracy, the rule of law,
and human dignity in post-authoritarian and post-communist states. The Convention
has served as a safeguard against human rights abuses, ensuring that individuals can hold
their governments accountable for violations of their fundamental rights.

2. The Inter-American System

The Inter-American human rights system is based on the American Convention on
Human Rights (ACHR), which was adopted in 1969 under the auspices of the
Organization of American States (OAS). The convention guarantees a broad spectrum
of rights, including civil, political, economic, and social rights, much like the European
Convention. The Inter-American Court of Human Rights, located in Costa Rica, and the
Inter-American Commission on Human Rights, based in Washington, D.C., are the two
primary bodies responsible for ensuring the implementation of these rights across the
Americas.
The Inter-American system has been instrumental in addressing historical challenges in
Latin America, such as military dictatorships, political violence, and indigenous rights. It
has provided redress to victims of state-sponsored abuses, ensuring that justice is served
even when national courts are unwilling or unable to act.

overview of the Convention

The ACHR covers a wide range of rights, including the right to life, the right to humane
treatment, freedom of expression, and the right to a fair trial. Additionally, it guarantees
rights such as the freedom of movement and residence, the right to nationality, and
political participation. The ACHR is notable for its specific emphasis on the protection
of human dignity, which serves as the foundation of many of the rights outlined within
the treaty.

The ACHR also lays out the duties and obligations of signatory states, requiring them
to ensure these rights to all individuals within their jurisdictions. States must respect
these rights and adopt measures to protect and enforce them, such as passing necessary
legislation or creating domestic mechanisms to uphold human rights.

Key Features of the ACHR

1. Right to Life: Article 4 guarantees the right to life from the moment of
conception, making it one of the strongest protections of the right to life in any
international human rights instrument.7
2. Freedom from Torture and Inhumane Treatment: Article 5 enshrines the right to
humane treatment, prohibiting torture, cruel, inhuman, or degrading
punishment or treatment. 7
3. Right to a Fair Trial: The ACHR provides detailed protections concerning the
right to a fair trial, including the right to be presumed innocent and the right to
defence during judicial proceedings. 8

4. Economic, Social, and Cultural Rights: Though the primary focus of the ACHR is
on civil and political rights, the Protocol of San Salvador (adopted in 1988) was
later added to address economic, social, and cultural rights, including the right
to education, labour, and social security.

Enforcement Mechanisms

The enforcement of the ACHR is carried out by two key institutions:

1. The Inter-American Commission on Human Rights: Based in Washington, D.C.,

the Commission receives complaints from individuals, groups, or states about
alleged human rights violations. It investigates these claims, offers

7
Ibid
8
Article 8
 recommendations, and in some cases, can refer matters to the Inter-American
Court of Human Rights.
2. The Inter-American Court of Human Rights: Located in San José, Costa Rica, the
Court is the judicial body responsible for interpreting and enforcing the ACHR.
States and the Commission can bring cases before the Court, and the Court’s
rulings are binding on member states. The Court has been instrumental in
ensuring accountability for human rights abuses, particularly in post-conflict
societies.

Challenges and Criticisms

Despite the ACHR’s significant contributions to human rights protection in the

Americas, its implementation faces challenges:

• Lack of Universal Ratification: Not all OAS member states have ratified the
ACHR. Notably, the United States and Canada have not fully ratified the
Convention, limiting its reach in North America.
• Compliance Issues: Some states have failed to comply with the decisions of the
Inter-American Court, raising concerns about the enforceability of the Court’s
rulings. Political resistance and national sovereignty concern often hinder full
compliance with human rights obligations.
• Resource Constraints: Both the Inter-American Commission and Court face
resource limitations, which affect their ability to investigate violations effectively
and promptly. This sometimes leads to delays in justice for victims of human
rights abuses.

Impact and Importance

Despite these challenges, the ACHR has played a vital role in promoting and protecting
human rights in the Americas. The Convention and its associated institutions have
provided crucial redress for victims of human rights violations, particularly in countries
recovering from military dictatorships, political repression, and internal armed conflicts.
The Inter-American Court, in particular, has issued landmark rulings on issues such as
forced disappearances, freedom of expression, and indigenous rights, setting important
precedents for human rights jurisprudence worldwide.

Furthermore, the ACHR’s focus on both individual and collective rights makes it a
valuable tool in addressing issues of economic inequality, social injustice, and cultural
discrimination in the region. The Protocol of San Salvador enhances the Convention’s
relevance by providing protections for marginalized groups, ensuring that economic,
social, and cultural rights are given due attention alongside civil and political rights

3. The African System

The African Charter on Human and Peoples' Rights, also known as the Banjul Charter,
adopted in 1981, governs the African human rights system. The Charter is unique in its
inclusion of both individual and collective rights, reflecting Africa’s communal cultural
values. The Charter covers civil and political rights, as well as economic, social, and
cultural rights, and emphasizes duties of individuals toward the state and society.
The African Commission on Human and Peoples' Rights, established in 1987, is
responsible for promoting and protecting the rights enshrined in the Charter.
Additionally, the African Court on Human and Peoples' Rights, operational since 2006,
provides judicial oversight and enforces human rights protections across the continent.
However, the African system faces challenges such as limited jurisdiction, lack of
widespread ratification, and political resistance, which sometimes undermines the
enforcement of its decisions.

Historical Background

The adoption of the ACHPR was a response to the need for a regional human rights
system tailored to Africa’s unique socio-political landscape. During the post-colonial era,
African nations sought to balance their newly acquired sovereignty with the need to
protect human rights. The Banjul Charter was created to address both the legacy of
colonialism and the challenges of underdevelopment, poverty, and frequent political
instability in the region.

Unlike international human rights treaties such as the Universal Declaration of Human
Rights (UDHR), the ACHPR integrates traditional African values, emphasizing the
importance of duties and responsibilities of individuals toward their communities, in
addition to ensuring the protection of individual and collective rights.

Key Features of the Charter

1. Civil and Political Rights: The ACHPR guarantees basic civil and political rights,
such as the right to life, freedom from torture, freedom of expression, and the
right to a fair trial. These rights mirror those found in international human rights
instruments but are contextualized to Africa’s realities.
2. Economic, Social, and Cultural Rights: The Charter also guarantees economic,
social, and cultural rights, such as the right to education, health, and work. It
recognizes the need for African states to promote economic development and
social justice as integral to human rights.
3. Peoples’ Rights: One of the most distinguishing aspects of the ACHPR is its focus
on peoples' rights. These include the right to self-determination, the right to
development, and the right to a satisfactory environment. These rights reflect
Africa’s history of colonialism and exploitation, emphasizing the collective rights
of communities, particularly in relation to their land, resources, and cultural
heritage.
4. Duties of Individuals: The Charter uniquely imposes duties on individuals toward
their family, society, and state. These duties include respecting others' rights,
maintaining national unity, and contributing to the common good. This reflects
African communitarian values, where the well-being of the group is emphasized
over strict individualism.
Protocols and Additional Conventions

1. Protocol on the Rights of Women in Africa (Maputo Protocol): Adopted in

2003, this protocol addresses the rights of women in Africa, promoting gender
equality and the protection of women from violence. It emphasizes the right to
health, political participation, education, and reproductive rights, among others.
2. African Charter on the Rights and Welfare of the Child (ACRWC): Adopted in
1990, the ACRWC is a child-specific human rights treaty that reflects African
values and traditions. It covers a range of children's rights, including the right to
education, protection from harmful practices, and the right to family life.
3. Kampala Convention on Internally Displaced Persons: The African Union
Convention for the Protection and Assistance of Internally Displaced Persons in
Africa, also known as the Kampala Convention, was adopted in 2009. It is the
first binding international instrument addressing the plight of internally displaced
persons (IDPs), making it a unique and progressive tool in global human rights
law.
4. Protocol on the Establishment of an African Court on Human and Peoples’
Rights: To enhance the protection of human rights, the African Court on Human
and Peoples' Rights was established in 1998. This Court complements the work
of the African Commission, providing binding judgments on human rights
violations across the continent.

Enforcement Mechanisms

The African Charter is enforced through the African Commission on Human and
Peoples' Rights, established in 1987, and the African Court on Human and Peoples'
Rights, which began functioning in 2006. The African Commission is tasked with
promoting and protecting the rights in the Charter, reviewing state reports, handling
individual complaints, and undertaking investigative missions.

The African Court complements the Commission’s work by providing judicial oversight
and offering a legal forum for individuals and states to bring cases of human rights
violations. Decisions by the African Court are binding on member states, although
compliance remains a significant challenge due to political resistance and limitations in
enforcement capabilities.

Challenges

Despite the progressive nature of the African Charter, its implementation faces several
challenges:

1. Lack of Ratification and Enforcement: While most African Union members have
ratified the Charter, some states resist implementing its provisions or complying
with decisions by the African Court.
 2. Political Interference: Governments in some African countries have resisted
investigations by the African Commission or ignored its recommendations, citing
sovereignty or political concerns.
3. Resource Constraints: Both the African Commission and African Court face
significant financial and logistical limitations, which hamper their ability to
effectively investigate human rights abuses and monitor compliance.

Impact and Importance

The ACHPR has been instrumental in advancing human rights in Africa. It has
contributed to legal reforms in many African countries and provided a platform for
victims of human rights violations to seek justice. The Charter’s focus on both individual
and collective rights is significant in addressing Africa’s unique social and political
realities, especially concerning issues like resource exploitation, indigenous rights, and
self-determination.

Furthermore, the ACHPR has been pivotal in advancing women’s rights through the
adoption of the Protocol to the African Charter on Human and Peoples’ Rights on the
Rights of Women in Africa (Maputo Protocol) in 2003, which addresses issues such as
gender-based violence, reproductive health, and the participation of women in political
life.

4. Asian System

Steered by the Association of Southeast Asian Nations (ASEAN) with 11 members to

include Brunei, Myanmar, Cambodia, Timor-Leste, Indonesia, Laos, Malaysia,
the Philippines, Singapore, Thailand and Vietnam, the ASEAN established a
consultative body which is ASEAN Intergovernmental Commission on Human
Rights (AICHR).

The ASEAN Intergovernmental Commission on Human Rights (AICHR) was established

in 2009 and it is tasked to promote and protect human rights and fundamental
freedoms of the people of ASEAN, but its mandate is criticized for being weak, with no
judicial mechanism for individuals to bring claims against states.

Unlike the established systems in Europe, the Americas, and Africa, Asia does not have
a comprehensive human rights convention. Instead, the ASEAN Human Rights
Declaration which was adopted unanimously by ASEAN members in Cambodia on 18 th
November 2012. It therefore represents a step toward regional human rights protection
within the Association of Southeast Asian Nations (ASEAN).

Asia’s diversity, political differences, and varying human rights practices have made it
difficult to establish a strong, binding regional system akin to those in other regions.
The AICHR has played a role in raising awareness on issues like trafficking in persons,
but has faced criticism for not being robust enough in addressing state-sponsored abuses,
such as in Myanmar.

Importance of Regional Human Rights Systems

The primary advantage of regional human rights systems lies in their ability to address
the unique political, cultural, and historical circumstances of their regions. While
international human rights laws, such as the Universal Declaration of Human Rights
(UDHR) and treaties like the International Covenant on Civil and Political Rights
(ICCPR), set global standards, regional conventions allow for a more nuanced approach
that is better suited to local realities.
For example, the African Charter reflects a blend of individual and communal rights, a
concept rooted in African philosophy, while the Inter-American system has focused
heavily on addressing issues such as indigenous rights and transitional justice in post-
conflict societies. Moreover, regional human rights courts and commissions often
provide quicker and more accessible remedies for individuals whose rights have been
violated compared to the global level.

Challenges and Criticisms

Despite their importance, regional human rights systems face various challenges. The
African and Inter-American systems, for instance, have been criticized for their limited
enforcement mechanisms, insufficient resources, and political interference. Additionally,
some states refuse to comply with decisions from regional courts, undermining their
effectiveness. In Europe, while the ECtHR is highly respected, the sheer volume of cases
has created a significant backlog, raising concerns about the efficiency of justice.
Another issue is the degree of ratification and commitment by states. While the
European system has near-universal participation among Council of Europe member
states, the Inter-American and African systems do not enjoy the same level of ratification
and adherence, limiting their reach and influence in some regions.

Conclusion
Regional human rights laws and conventions play a pivotal role in protecting human
rights and promoting justice within specific geographic and cultural contexts. Systems
like the European Convention on Human Rights, the American Convention on Human
Rights, and the African Charter on Human and Peoples' Rights provide platforms for
individuals and groups to seek redress for violations that may not be adequately
addressed at the national level. While these regional systems complement international
human rights mechanisms, they face challenges related to enforcement, political
interference, and resource limitations. Nevertheless, they remain vital tools in the
ongoing struggle to promote and protect human rights globally.