This month, four member states of the Arab League had their representative confirmed to a four-year term on the Arab Human Rights Committee of the Arab League, which oversees the implementation of the Arab Charter on Human Rights. The four experts, each representing their own country, will join the seven-member committee. The four members come from Bahrain, Kuwait, Saudi Arabia, and Oman.
The Committee’s task is to provide impartial oversight on the implementation of the Charter. They do this by reviewing state reports, submitting annual reports to the Arab League, requesting information from relevant organizations, and interpreting the Charter. Furthermore, the Committee is composed of independent experts rather than government officials. It is important to note, that not all 22 members of the Arab League are party to the Charter. Currently, 16 members of the Arab League are party to the treaty.
The Charter is perhaps the best example of countries within the region acknowledging human rights independently of the wider international community. The Charter, available here, guarantees a number of human rights. These include, but are not limited to; a ban on torture, the right to a fair trial, and the right to a nationality. It is truly an important step towards greater human rights within the region.
Unfortunately, the Charter lacks any means of enforcement. Thus, while signatories have agreed to the contents of the Charter, the document remains unenforceable in its current state. Certain recent examples of human rights abuses within signatory states highlight the emptiness of the promises of the Charter. Take for example the three aforementioned rights mentioned above found within the Charter: a ban on torture, the right to a fair trial, and the right to a nationality. Bahrain, who had an expert voted on to the Committe this week, routinely uses torture as a means of forcing false confessions, often on suspects who are minors. Another member state with a newly-elected Committee member, Saudi Arabia, often violates defendants rights during trials. Finally, Kuwait, who also has a newly-elected member on the Committee, frequently revokes citizenship from people in Kuwait making them stateless and violating the right to a nationality.
It is clear that, in its current state, the Charter is a flawed document as enforcement is impossible. Though attempts have been made to rectify the issue, such as the Arab Court of Human Rights, these attempts have failed to gain much support, but the court itself is less than an ideal solution as the proposed statute is also flawed. For example, the proposed statue would limit access to the court for individuals, who have faced human rights abuses. The proposed statute, in its current state, limits the court as a forum for member states to resolve their issues with other member states.
The Charter is still an important first step to furthering human rights in the region. It now falls on both governments and human rights organizations in the region to hold signatories responsible for adhering to the Charter. The Arab League must come up with a means of properly enforcing the Charter. Despite the flaws of the Charter and its enforcement, it remains the most monumental recent step towards human rights in the region. Through careful consideration of governments, organizations, and individuals; the goals of the Charter can be achieved and properly enforced.