Global Practice of Reparation Laws

American Mechanisms | European Mechanisms | African Mechanisms | The Paris Principles | The Human Rights Council | International Mechanisms

Inter-American Mechanisms

The Inter-American Commission on Human Rights is an organ of the Organization of American States, created to promote the observance and defense of human rights and to serve as consultative organ of the Organization. It examines allegations of violations of the Charter of the OAS and violations of the American Convention on Human Rights.

The American States reaffirm the principles of International law is the standard of conduct of States in their reciprocal relations; proclaim the fundamental rights of the individual without distinction as to race, nationality, creed, or sex; The powers referred to in this article shall be exercised in accordance with this Charter.

The Charter of the Organization of American States was signed in Bogotá in 1948 and amended by the “Protocol of Buenos Aires” in 1967, by the “Protocol of Cartagena de Indias” in 1985, by the “Protocol of Washington” in 1992, and by the “Protocol of Managua” in 1993.

Article 45

The Member States, convinced that man can only achieve the full realization of his aspirations within a just social order, along with economic development and true peace, agree to dedicate every effort to the application of the following principles and mechanisms:-

a) All human beings, without distinction as to race, sex, nationality, creed, or social condition, have a right to material well-being and to their spiritual development, under circumstances of liberty, dignity, equality of opportunity, and economic security;

b) Work is a right and a social duty, it gives dignity to the one who performs it, and it should be performed under conditions, including a system of fair wages, that ensure life, health, and a decent standard of living for the worker and his family, both during his working years and in his old age, or when any circumstance deprives him of the possibility of working…Read more the ‘Inter-American Reparation Mechanisms’

European Mechanism

Council of Europe and European Union
The Council of Europe and the European Union share the same values – human rights, democracy and the rule of law. Focusing on those core values, the Council of Europe brings together governments from across Europe – and beyond – to agree legal standards in a wide range of areas.

The European Convention of Human Rights is the first Council of Europe’s convention and it aims at protecting human rights. It was adopted in 1950 and entered into force in 1953. Its ratification is a prerequisite for joining the Council of Europe.  The member governments of the ‘Council of Europe’ work towards peace and greater unity, based on human rights and fundamental freedoms.  With this Convention they decide to take the first steps to enforce many of the rights contained in the Universal Declaration of Human Rights.

Any Contracting State or individual claiming to be a victim of a violation of the Convention may lodge a claim alleging a breach of any of the Convention rights. Individual applicants may submit applications themselves, but legal representation is recommended and even required for hearings or once an application has been declared admissible. The Council of Europe has set up a legal aid scheme for applicants who do not have sufficient means.
The EU refers to those same European values as a key element of its deeper political and economic integration processes. The Lisbon Treaty increased the scope for its action in many areas where the Council of Europe already has significant experience and expertise. The European Social Charter is a Council of Europe treaty which guarantees social and economic human rights. It was adopted in 1961 and revised in 1996…Read more the  European Mechanism

African Mechanisms

African Charter on Human and Peoples’ Rights

The African Charter on Human and Peoples’ Rights (also known as the Banjul Charter) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. The Charter, the African Commission on Human and Peoples’ Rights, which was set up in 1987 and is now headquartered in Banjul, Gambia. A protocol to the Charter was subsequently adopted in 1998 whereby an African Court on Human and Peoples’ Rights was to be created. The protocol came into effect on 25 January 2005.

The African Charter on Human and Peoples’ Rights establishes the absolute prohibition of torture, cruel, inhuman or degrading treatment or punishment. Article 5 of the Charter provides that “every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.”

The Charter also establishes a regional human rights body, the African Commission on Human and Peoples’ Rights, with the mandate to promote respect for the Charter, ensure the protection of the rights and fundamental freedoms contained therein, and make recommendations for its application.

To fulfill its mission, the African Commission works with different partners, which include the authorities of States party to the African Charter, national human rights institutions and non-governmental organizations (NGOs). It is in this context of cooperation that the Association for the Prevention of Torture (APT) – an international NGO with Observer Status at the African Commission – suggested, during the African Commission’s 28th ordinary session held in Cotonou, Benin, in October 2000, that a joint workshop be organized to draw up concrete measures for implementation of the provisions of Article 5 of the Charter and other international instruments aimed at preventing torture.

Read Full Text: African Charter on Human and Peoples’ Rights, Organization of African Unity (“Banjul Charter”)

The Paris Principles

The Paris Principles were adopted by the United Nations Human Rights Commission by Resolution 1992/54 of 1992, and by the UN General Assembly in its Resolution 48/134 of 1993. The International Coordinating Committee for National Human Rights Institutions (ICC) is the international association of national human rights institutions (NHRIs) from all parts of the globe. The ICC promotes and strengthens NHRIs to be in accordance with the Paris Principles, and provides leadership in the promotion and protection of human rights. Read more the Principles relating to the Status of National Institutions (The Paris Principles)

The Human Rights Council

“All victims of human rights abuses should be able to look to the Human Rights Council as a forum and a springboard for action.”

-  Ban Ki-moon, UN Secretary-General, 12 March 2007, Opening of the 4th Human Rights Council Session

Background information on the Human Rights Council

The Human Rights Council is an inter-governmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the globe and for addressing situations of human rights violations and make recommendations on them. It has the ability to discuss all thematic human rights issues and situations that require its attention throughout the year. It meets at the UN Office at Geneva. The Council is made up of 47 United Nations Member States which are elected by the UN General Assembly…The Human Rights Council

Special Procedures of the Human Rights Council
Special procedures is the general name given to the mechanisms established by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. Special procedures’ mandates usually call on mandate holders to examine, monitor, advise and publicly report on human rights situations in specific countries or territories, known as country mandates, or on major phenomena of human rights violations worldwide, known as thematic mandates.

The Trust Fund for Victims (TFV)
The Trust Fund for Victims is the first of its kind in the global movement to end impunity and promote justice. The Trust Fund is capable of transforming Court-ordered reparations into credible and tangible forms of redress for victims of crimes adjudicated by the ICC. The Trust Fund for Victims

Complaint Procedure
On 18 June 2007, the Human Rights Council adopted the President text entitled “UN Human Rights Council: Institution Building” (resolution 5/1) by which a new Complaint Procedure is being established to address consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances…Special Procedures of the Human Rights Council

International Human Rights Mechanisms

The United Nations is an international organization founded in 1945 after the Second World War by 51 countries committed to maintaining international peace and security, developing friendly relations among nations and promoting and encouraging respect for human rights and for fundamental issues, from sustainable development, environment, to promoting democracy, gender equality and the advancement of women, governance, economic and social development, and more, in order to achieve its goals and coordinate efforts for a safer world for this and future generations.

The UN Charter sets out the purposes of the United Nations are:- To maintain peace throughout the world, to develop friendly relations among nations and to achieve international co-operation in solving international problems of an economic, social, cultural and in promoting human rights and for fundamental freedoms for all. The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. International Human Rights Law & Mechanisms