regional system of America, Asia, and Africa Flashcards
Rodrigo Duterte and the ICC:
Duterte’s War on Drugs (2016-2019):
when Rodrigo become president, he launched a brutal campaign to fight illegal drugs in the Philippines, which led to thousands of deaths, many of which were extrajudicial killings (killings without trial). ( he wanted to kill everyone who were involved with drugs)
ICC Investigation (2018-2021): The International Criminal Court started investigating whether Duterte’s actions amounted to crimes against humanity (mass killings, torture).
Duterte’s Response: Duterte withdrew the Philippines from the ICC in 2019, claiming the court had no right to interfere. He also criticized the ICC as biased and unfair.
an investigation was put out to see if Duterte was committing crimes against humanity.
the investigation paused in 2023, but isn’t finished.
ICC’s Position: The ICC still insists it has jurisdiction over crimes committed while the Philippines was a member, arguing that the investigation can continue.
Key Issue: The main debate is whether the ICC has the right to investigate crimes that happened before the country left the court.
- Domestic Legal System: Duterte’s actions, particularly the war on drugs, have been defended by his supporters as part of his mandate to fight crime. His government argues that his actions were lawful under Philippine law. Some also argue that the Philippine justice system should handle such matters, rather than external bodies like the ICC.
- Withdrawal from the ICC: Duterte withdrew the Philippines from the International Criminal Court (ICC) in 2019, arguing that the court had no jurisdiction over him. The Philippines’ departure made it more difficult for the ICC to prosecute him, as the country was no longer a member of the court at the time of the alleged crimes. However, the ICC argues that it can still investigate crimes that occurred while the Philippines was a member.
- Support from the Filipino People: Duterte maintained significant popular support in the Philippines during and after his presidency. His war on drugs was highly controversial, but it also gained strong backing from many Filipinos who viewed him as tough on crime. This popularity and political power shielded him from immediate consequences.
Regional Human Rights Systems:
Human rights are global, but regional systems help countries protect these rights in specific areas (e.g., Europe, Americas). these are rights only in specific areas not the entire world.
European System (Council of Europe):
Council of Europe creates laws and standards to protect human rights (e.g., the European Convention on Human Rights).
It also monitors how countries follow those laws.
The European Court of Human Rights handles cases where countries violate these rights.
Other Regional Systems:
Americas: Inter-American Commission and Court of Human Rights protect rights in the Americas.
Africa: African Commission and Court on Human and Peoples’ Rights protect rights in Africa.
Asia: ASEAN works on human rights in Southeast Asia but doesn’t have courts for individual cases yet. ( association of southeast asian nations) is a group of 10 countries in Southeast Asia (like Indonesia, Thailand, the Philippines, etc.) that work together on things like trade, politics, and security.
Middle East: Arab Charter and Human Rights Committee for the Arab world, but they don’t have case law either.
Inter-American System (Americas):
American Declaration (1948) and American Convention on Human Rights (1969) protect human rights in the Americas.
The Inter-American Commission investigates complaints, and if it finds violations, it can take cases to the Inter-American Court.
IACtHR is like a last resort if the Commission can’t resolve the issue peacefully.
Examples of Cases:
Awas Tingni v. Nicaragua (2003):
Indigenous community in Nicaragua complained about land rights.
The Inter-American Court ruled that Nicaragua violated the community’s rights and must protect their land.
Maya of Toledo v. Belize (2004):
Maya people in Belize claimed the government violated their land rights.
The Inter-American Commission ruled that Belize must recognize and protect the Maya people’s land rights.
However, Belize hasn’t fully implemented the decision.
Key Points for Your Exam:
Regional systems protect human rights within specific areas (Europe, Americas, etc.).
The European Court of Human Rights is very powerful in Europe, while other regions are still developing.
Countries can bring cases to the Inter-American Commission, which may go to court if the issue isn’t resolved.
Duterte is facing charges in the ICC for crimes committed while the Philippines was a member.
Haitians Expelled from Dominican Republic (2012-2014):
The Dominican Republic passed a law making many people born there, especially those of Haitian descent, stateless.
The government used racial profiling to expel people of Haitian descent without due process (no proper legal steps or protections).
IACHR (Inter-American Commission on Human Rights) and the IACtHR (Inter-American Court of Human Rights) ruled that the Dominican Republic violated many rights, like:
Right to nationality
Right to personal liberty
Right to family
Right to equality
Some people were allowed to re-register, but the process has been slow.
Miskito Divers (2021):
The Miskito community in Honduras relies on fishing for their livelihood, but they work under unsafe conditions on boats and dive up to 16 times a day, leading to health problems.
The IACtHR ruled that the Honduran government must hold companies accountable for human rights violations and provide remedies like housing and scholarships for the children of affected divers.
Regional Human Rights Systems:
Human rights are universal and should be protected everywhere based on the dignity of each person.
The UN’s Universal Declaration of Human Rights (UDHR) says that human rights are:
Universal (apply to everyone)
Indivisible (cannot be separated)
Inter-related and interdependent (they work together)
European System (Council of Europe):
The Council of Europe creates laws and standards for protecting human rights in Europe (like the European Convention on Human Rights).
It monitors countries to make sure they follow these laws, and the European Court of Human Rights handles cases when a country breaks these laws.
Other Regional Systems:
Americas: The Inter-American Commission and Court work on human rights in the Americas.
Africa: The African Commission and Court deal with human rights in Africa.
Asia: ASEAN focuses on human rights in Southeast Asia but doesn’t have a court yet.
Middle East: The Arab Charter works on human rights, but they also don’t have a court yet.
African System (ACHPR):
The African Charter on Human and Peoples’ Rights (1981) is inspired by the anti-colonial struggle and focuses on protecting both individual rights and the rights of peoples (like self-determination).
The African Commission and the African Court work to enforce human rights across Africa.
Important Cases in Africa:
Katangese Peoples’ Congress v. Zaire (1995):
Katangese people wanted independence for their region, but the African Commission said they couldn’t separate from Zaire (now the Democratic Republic of Congo) and that their fight didn’t violate rights under the African Charter.
Social and Economic Rights Action Centre v. Nigeria (2001):
Shell was accused of harming the environment in Nigeria, leading to human rights violations like health problems and loss of land.
The African Commission ruled that Nigeria violated the rights of the Ogoni people by allowing Shell to cause harm without proper monitoring.
Endorois v. Kenya (2010):
The Kenyan government kicked out Endorois people from their land to create a game reserve.
The African Commission ruled that Kenya violated the Endorois people’s right to land, culture, and religion.
Although Kenya promised to follow the ruling, it hasn’t done much to implement it, and the Endorois people are still fighting for their rights.
African Court for Human and Peoples’ Rights (ACtHPR)
Problems with the African Commission:
The African Commission was ineffective and had poor reasoning in decisions. It also didn’t have legally enforceable remedies.
This led to the creation of the African Court.
The African Court:
Established in 1998 by the Addis Protocol in Arusha, Tanzania.
The African system is now two-tiered like the Inter-American system (Court + Commission).
The Court has contentious, conciliatory, and advisory jurisdiction.
States and the African Commission can submit cases.
Individuals/NGOs can only file if their state has signed the Article 34(6) Declaration.
States that have made this Declaration: Benin, Burkina Faso, Côte d’Ivoire, Ghana, Malawi, Mali, Rwanda, Tanzania, The Gambia, and Tunisia (only 10).
The Court has issued only about 130 judgments so far.
Ogiek v. Kenya (2017):
Ogiek people (35,000) live in the Mau Forest in Kenya, but were subjected to forced evictions for conservation reasons.
The African Court ruled in favor of the Ogiek, stating Kenya violated their land rights and culture.
Kenya has not yet implemented the decision.
Problems for the African Court:
States must sign a Declaration (Article 34(6)) to let individuals bring cases, but many countries have withdrawn their declarations (e.g., Rwanda and Tanzania).
Some countries withdraw because they don’t agree with certain rulings (e.g., Rwanda was unhappy with a ruling on a genocide-related case).
Benin called for merging the African Court with a Court of Justice.
No state has submitted a case to the Court, and the African Commission has only referred three cases.
Future Cases:
Batwa people (from the Kahuzi-Biega Park in the DRC) were evicted from their land, and their case is in the African Commission now.
This case could make significant changes in indigenous land rights.
Key Points for Your Exam:
The IACtHR and IACHR work in the Americas to protect human rights.
The European Court of Human Rights is powerful in Europe.
The African Charter protects individual rights and peoples’ rights in Africa.
Key cases: The Haitian expulsion case in the Dominican Republic, the Miskito divers case in Honduras, and the Endorois case in Kenya are all important examples of human rights violations and rulings.
Regional Human Rights Systems in Asia:
Asia’s Lack of Regional Human Rights System:
Asia has 5 sub-regions but no unified regional human rights system yet.
Countries like China and India have large populations but no regional system.
ASEAN (Association of Southeast Asian Nations):
Created the ASEAN Intergovernmental Commission on Human Rights (AICHR) in 2009.
In 2012, ASEAN adopted a Human Rights Declaration (AHRD), but many say it doesn’t meet international standards.
Future ASEAN goals:
Potentially create an ASEAN Convention on Human Rights and an ASEAN Court of Human Rights.
Arab Charter on Human Rights:
Arab League (22 countries) created the Arab Charter on Human Rights in 1994.
It’s been criticized for lack of enforcement and ineffective mechanisms.
The Arab Court of Human Rights was established in 2014 but hasn’t been ratified by enough countries yet.
No enforcement for human rights violations.
The Pacific:
There have been attempts to create a regional human rights system in the Pacific:
Model treaties were proposed in the 1980s and 1990s, but many Pacific countries have not signed on to international human rights treaties.
The idea of a regional Pacific human rights commission has not gained traction.
South Asia:
South Asian Association for Regional Cooperation (SAARC) was created in 1985 with 8 countries.
SAARC focuses on economic development but does not prioritize human rights.
It has no meaningful work on human rights and has failed to deliver for the people of South Asia.
conclusions:
European system is the most successful, with direct access to the European Court of Human Rights.Inter-American system has made significant progress, especially with important case law. However, it needs more coverage in North America and the Caribbean.The African system is still growing, but the future of the African Court depends on more engagement from member states.Accessing UN treaty bodies and regional human rights systems in Asia and the Middle East is very difficult, leaving many people without access to justice for human rights violations.
Key Takeaway:
Regional systems in Europe and the Americas are the most effective, while in Africa and Asia, progress is slower with access issues and lack of enforcement.
Why is the ASEAN Human Rights System Weak?
Lack of Enforcement Power:
ASEAN cannot force countries to follow human rights rules. There’s no punishment for breaking these rules.
If a country violates human rights, ASEAN can only recommend solutions, but it can’t impose penalties or make them change their behavior.
Non-Interference Principle:
ASEAN has a rule of non-interference, meaning countries do not want to interfere in each other’s internal affairs.
This means that even if there are serious human rights violations in one country (like in Myanmar), other ASEAN countries are not supposed to step in and criticize or act on it.
Weak Committees:
The ASEAN Intergovernmental Commission on Human Rights (AICHR), which is supposed to oversee human rights, lacks real power. It can make recommendations, but it can’t force any country to follow them.
It’s a talking body, not an organization with enforcement powers or serious consequences.
Different Priorities Among Member Countries:
ASEAN countries have different political systems. Some are democracies, while others have authoritarian governments.
Countries like Myanmar or Thailand may not be interested in taking strong actions on human rights if it threatens their power or stability.
Focus on Stability Over Human Rights:
ASEAN is more focused on regional stability and economic cooperation than human rights. Countries in ASEAN prioritize maintaining peace and avoiding conflict, so human rights concerns often take a backseat.
How Could the ASEAN Human Rights System Be Made Better?
Strengthen Enforcement:
ASEAN could create binding agreements that require countries to follow human rights rules. Currently, the ASEAN Human Rights Declaration is just a set of guidelines, not laws that must be followed.
They could also create a body with real enforcement power, one that can punish countries for violations (like the European Union does with its own human rights system).
Reform the Non-Interference Principle:
ASEAN could loosen the non-interference rule, allowing countries to intervene when there are serious human rights violations in other countries.
This would enable ASEAN to take action in cases like the Rohingya crisis in Myanmar or political repression in some countries.
Create a Stronger Human Rights Court:
ASEAN could set up a human rights court or tribunal that can prosecute human rights violators or countries that break the rules. This would create accountability and ensure that violators face consequences.
Promote Transparency and Reporting:
Countries should be required to regularly report on their human rights situation and be examined by independent experts.
More transparency in how ASEAN countries handle human rights would put pressure on governments to improve their records.
Promote Public Awareness and Civil Society Participation:
Encourage NGOs (non-governmental organizations) and the media to highlight human rights violations and put pressure on governments to improve.
This way, public opinion and international pressure could push governments to be more accountable.
Strengthen the ASEAN Human Rights Commission:
Give the ASEAN Human Rights Commission (AICHR) more independent power to investigate human rights abuses.
Make it stronger and more independent so that it can hold governments accountable without political pressure.
