The Arab Charter on Human Rights
294
An Arab Charter on Human Rights was adopted by the Council of the
League of Arab States on 15 September 1994 and a revised version was
adopted by the League of Arab States in May 2004. It affirms the princi-
ples contained in the UN Charter, the Universal Declaration of Human
Rights, the International Covenants on Human Rights and the Cairo Dec-
laration on Human Rights in Islam.
295
Reference is made to the national
identity of the Arab states and the right to self-determination is affirmed.
A number of traditional human rights are also provided for, including
the right to liberty and security of persons, equality of persons before
the law, fair trial, protection of persons from torture, the right to own
private property, freedom to practise religious observance and freedom
of peaceful assembly and association.
296
The Charter also provides for the
election of a seven-person Arab Human Rights Committee to consider
states’ reports.
297
The Charter came into force on 24 January 2008 upon
the seventh ratification.
298
293
Article 34(6).
294
See e.g. M. Rishmawi, ‘The Revised Arab Charter on Human Rights: A Step Forward?’, 5
Human Rights Law Review
, 2005, p. 361, and R. K. M. Smith,
Textbook on International
Human Rights
, Oxford, 2002, p. 87. See also Robertson and Merrills,
Human Rights in the
World
, p. 238, and A. A. A. Naim, ‘Human Rights in the Arab World: A Legal Perspective’,
23 HRQ, 2001, p. 70.
295
Adopted in 1990 by the Nineteenth Islamic Conference of Foreign Ministers. This Decla-
ration emphasises that all rights and freedoms provided for are subject to Islamic Shari’ah
(article 24), which is also ‘the only source of reference for the explanation or clarification
of any of the articles in the Declaration’ (article 25).
296
Articles 8, 11, 12, 13, 14, 30, 31 and 35. The right to development is proclaimed as a
fundamental human right, see article 37.
297
Articles 45 and 48.
298
Note, however, the statement by the UN High Commissioner for Human Rights
expressing concern with regard to the incompatibility of some of the provisions of
the Arab Charter with international norms and standards. These concerns included
the approach to the death penalty for children and the rights of women and non-citizens.
The High Commissioner also noted that in equating Zionism with racism, the Arab Char-
ter was ‘not in conformity with General Assembly resolution 46/86, which rejects that
Zionism is a form of racism and racial discrimination’: see statement of 30 January 2008,
www.unhchr.ch/huricane/huricane.nsf/0/6C211162E43235FAC12573E00056E19D?
opendocument.
396
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