Part C
Engaging regional mechanisms for
HRD rights
1
Regional human rights systems and HRD rights
Regional human rights systems can bridge the gap between national and international human rights
protection, making available remedies that may not be accessible at those levels. They can adapt to
the specific concerns of the region and leverage states’ common interests and proximity to influence
governments to safeguard rights.
Asia Pacific does not yet have a region-wide system to protect and promote human rights. However,
by looking at some examples from other regions, NHRIs and other actors can draw learnings and
inspiration for building and strengthening Asia Pacific’s own regional and sub-regional systems to
protect and promote HRD rights in the region.
The main regional human rights systems are established in Africa, the Americas and Europe (within
the African Union and the Organization of American States, and the Council of Europe). These regional
human rights systems comprise of human rights instruments, such as treaties and declarations. These
are complemented by regional human rights mechanisms, such as commissions, special rapporteurs
and courts, which work to enforce these instruments locally. Each of these regional human rights
systems emphasizes the importance of protecting and promoting the rights of HRDs.
All three regional systems have specific mechanisms on HRD rights: The African and Inter-American
systems have dedicated rapporteurs on HRDs (the African Commission’s Special Rapporteur on
HRDs and the Inter-American Commission’s Rapporteurship on Human Rights Defenders and Justice
Operators). Similar to UN special rapporteurs, these receive information on HRD rights, conduct
country visits and can make statements and recommendations. The Council of Europe’s Secretary
General has a ‘Private Office Procedure’ to investigate alleged reprisals against HRDs for interacting
with the Council of Europe.
In addition, in each system, other mechanisms provide avenues for NHRIs to engage in protecting and
strengthening HRD rights. For instance, the African Commission and the Inter-American Commission
(AICHR) receive individual communications/petitions and have the authority to adopt precautionary or
urgent measures in cases involving irreparable harm, including violations of HRD rights. Furthermore,
strategic litigation on HRD rights can be pursued through the courts in all three regional systems, which
have mechanisms for enforcing their rulings. These avenues contribute significantly to the defense and
promotion of HRD rights within their respective regions.
Currently, around one third of the precautionary measures granted by the Inter-American Commission
every year are intended to protect the life and integrity of human rights defenders and justice operators
in the region.
Source: OAS
Resource
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ISHR, Reprisals Handbook (2018)
Engaging with Regional and International Actors Toolkit