A CRITICAL ANALYSIS OF THE POTENTIAL FOR ESTABLISHING THE ARAB COURT OF HUMAN RIGHTS

Abstract

The Arab Spring, taking place at the end of 2010, formed an atmosphere in the Arab region suitable for establishing a regional judicial mechanism to address contemporary challenges. The Arab Court of Human Rights has been on the agenda following the ratification of the Arab Charter on Human Rights in 2004. Many claim that the Court remains underdeveloped to this day. The purpose of this paper is to provide a critical account for the Arab Court, in an attempt to understand the contexts surrounding its shortcomings and possibilities for its development. In doing so, the paper will analyse the Courts Statute and the impediments inhibiting its functions as an effective regional mechanism in light of international human rights standards and in comparison with other regional instruments. The paper will also consider the opportunities of reform offered to the Arab League of States after the Arab Spring, which influenced the Leagues attitude towards human rights and its departure from outdated ideas regarding the promotion of fundamental rights and freedoms. The paper will also feature a critical assessment of the frameworks of existing mechanisms of human rights in the region, where various views will be compiled from experts, Nongovernmental Organisations, and civil society organisations on their perception of these mechanisms. Recommendations for enhancing the human rights framework in the region will be considered, with emphasise on the role of civil society organisations that aim at strengthening and promoting the respect for human rights in the region. The efforts made by the League towards developing a better system for human rights will be discussed, which is encouraging considering the need for enhancing the mechanisms of the Arab Court of Human Rights in the future.