International Conference on Arab Court for Human Rights issued the Declaration of Bahrain
The International Conference on the Arab Court for Human Rights, which was held under the patronage of His Majesty King Hamad bin Isa Al Khalifa, King of Bahrain Concluded its activities in Manama by the issuance of "Declaration of Bahrain on the Arab Court for Human Rights."
During the closing session of the conference, which was held over two days, the chairperson of the NIHR Dr Abdulaziz Abul read the final communiqué of the conference "Declaration of Bahrain on the Arab Court for Human Rights," which recommended to study all the options on the issuance of the Statute of the Arab Court together with considering it as one of the Additional Protocols to the Arab Charter for Human rights.
He stated that the conference participants agreed to submit the recommendations of the Conference to His Majesty King Hamad bin Isa Al Khalifa, King of Bahrain, the Chairperson of the Current Arab Summit, the Secretary General of the Arab League and the President of the Arab Parliament to work on adoption by officially addressing these entities By the NIHR of Bahrain.
He added that the conference participants agreed on the following:
- Welcoming the decision of the 25th Arab summit held in Kuwait which entrusts the high-level committee to continue exerting efforts to finalize the text of the project and presented to the upcoming Ministerial Council meeting.
- Welcoming the presence and contribution of the Arab League, the Arab Parliament, the United Nations High Commissioner for Human Rights and representatives of regional human rights organizations (European, American and African) in this conference.
- Affirm the recommendations of the final communique of the Arab conference in Doha on the development of the human rights system of the Arab League, which was organized by the National Committee for Human Rights in cooperation with the Arab Network of National Institutions for Human Rights on June 3 to 4, 2013 and the recommendations of the International Seminar on the development, democracy and the improvement of the Arab regional system organized by the Arab Organization for human Rights in cooperation with the Arab Network of national institutions in May 9- 10 2013.
- Affirm the support of initiatives undertaken by several non-governmental organizations and the results of the meetings and workshops to enrich and develop the system of Arab human rights, the most recent of which was the joint Regional Conference on "Human Rights in the Arab Region: Challenges and Prospects" organized in Cairo on 20-22/05/2014 by the Arab League in cooperation with the Office of the High Commissioner for Human Rights.
- Expressing the necessity to involve civil society organizations in the dialogue about the projects of the Arab League in the development of the human rights system and the Statute of the Arab Court for Human Rights and demand making them transparent and unrestricted.
- Mention the necessity to respect international obligations and regional human rights Arab countries, and expand contractual practice in the field of international law, human rights and international humanitarian law.
- Demand for the amendment of the Arab Charter of Human Rights for the year 2004 in order to ensure compatibility with international standards of human rights.
- Stress the importance of effective cooperation between the regional courts for the protection of human rights and the exchange of information on best practices as well as lessons learned and new forms of possible cooperation.
HE Dr Abul noted that the conference recommended the following in his closing communique:
For the vision of the national human rights organizations and institutions regarding the draft statute of the Arab Court of Human Rights:
- Relentless pursuit for the development of the Statute of the Arab Court in light of the successful experiences of the regional courts of human rights, as well as other international tribunals, including the judges of the court system.
- Examine all options of issuing the Statute of the Arab Court including considering it as one of the Additional Protocols to the Arab Charter for Human rights.
- Regard the international conventions on human rights joined by the States Parties as a legal references that will be adopted by the Arab Court in addition to the Arab Charter for Human Rights, and any other Arab agreement on human rights where contending States is a party, with emphasis on the content of article (43) of the Arab Charter for Human Rights.
- The state of the headquarters to provide all facilities for the work of the Arab Court of Human Rights and to facilitate the work of the court proceedings and ease the entry of the parties and witnesses and to protect potential victims.
- The condition of the exhaustion of internal Appeal proceedings should not affect the right to resort to the Arab Court in accordance with the terms of a fair trial as quoted in article (14) of the International Covenant on Civil and Political Rights and guided by general comment No. (32) of the Commission on Human Rights.
- Allow individuals and non-governmental organization established legally, and national institutions for human rights to directly resort to the Arab Court.
- States Parties undertake not to be counter the litigants in any form of threat, pressure or retaliation because of resorting to court.
- Should establish a mechanism for monitoring, follow-up and supervising the implementation of the rulings and decisions of the Arab Court.
- Diversify the sources of financial support for the budget of the Arab Court, and not to limit bearing their expenditure by the States Parties, and the Arab League also bear part of the budget.
Regarding the relationship between the Arab Court for Human Rights and human rights mechanisms of the Arab League, HE Dr. Abul stated that the conference participants agreed on the following:
- Welcoming the approval of the Arab League to amend the Charter of the Arab League to ensure that the text secures respect for the principles of human rights and the development of its action mechanisms to serve this area.
- Arab Charter on Human Rights in 2004, Should be amended especially with regard to giving the Arab Human Rights Committee (emanating from the Charter) the power to refer to court submitted individual complaints if amicably settling them is impossible settled without prejudice to the competence of the court considering the form and subject matter of the suits.
- Support and strengthen the work of the Committee of Experts on the Arab Charter on Human Rights.
- Urged Arab countries non parties to join the Arab Charter on Human Rights.
- Working on the development of Action mechanisms for the Permanent Arab Committee for Human Rights and convert it to Human Rights Council in the Arab League.
Regarding the role of national institutions and civil society organizations in supporting the work of the Arab Court for Human Rights, the conference participants agreed on the following:
- Urged national institutions for human rights and civil society organizations to provide legal assistance to litigants to deal with Arab court proceedings.
- Call on the Arab Network for national institutions to further support the implementation of the recommendations and initiatives of civil society organizations on the development of the of Arab human rights system.
About the evaluation and follow-up of the recommendations of the Arab Conference in Doha on the development of human rights system in the Arab League, the participants has called on the Arab team to follow up the recommendations of the Doha conference, to continue his duties where periodic reports on its activities to be submitted to the organizations participating in the conference. They also called on the Arab League to facilitate the work of the Arab team through providing information and strengthening coordination mechanisms to create a participatory dialogue that helps in the development of regional human rights system, and to organize events to introduce the system of Arab human rights at the national levels.
Participants also recommended the Arab Network of National Institutions for human rights and civil society organizations to develop a practical scheme to plead on the recommendations.
Concluding their statement, the participants thanked the King, government and people of Bahrain for the warm reception and hospitality, also thanked all of the NIHR in Bahrain, the National Committee for Human Rights in Qatar, and the Arab Network of National Institutions for Human Rights for the organization and performance.
