The Arab human rights system

The Arab human rights system, like the African and Inter-American systems, is not a fully cohesive system but consists of various components that together function at a regional level. There are both geographical and political similarities and differences among the 22 Arab states. The Arab countries are characterised by their geographical location between two major strategic continents, Asia and Africa. This location contributes to their dual identities, particularly for the Arab states in North Africa and for some of the Gulf states that have strong links to countries in the Horn of Africa. Arab states located in Asia tend to emphasise an Arab identity, while the North African Arab states – bordering Europe – often have a Euro-Arab or Afro-Arab identity. The North African states are also members of the African Union and maintain strong relations with Europe, particularly through the Mediterranean and various trade agreements with the European Union.

The League of Arab States

The League of Arab States is the main actor that has defined human rights within an Arab regional framework. It promotes economic, cultural and political cooperation among Arab states. All 22 countries in the MENA region are member states of the League. Its headquarters are located in Cairo, Egypt. The League was founded in 1945 and marked its 75th anniversary in 2020.

The League of Arab States distinguishes between two regional strands of human rights cooperation. One applies to states on the Asian continent, which are members of the Gulf Cooperation Council. The other applies to states on the African continent, which are members of the Arab Maghreb Union and the African Union.

Human rights instruments of the League of Arab States

  • In 2004, the Arab Charter on Human Rights was adopted.
  • In 2008, the Arab Human Rights Committee was established.
  • In 2014, the Arab Court of Human Rights was established.
The Gulf Cooperation Council (GCC)

The Gulf Cooperation Council was established in 1981 and consists of six member states: Saudi Arabia, the United Arab Emirates, Kuwait, Qatar, Bahrain and Oman. The Council works to promote coordination and integration among its member states in order to strengthen cohesion between them.

Human rights instruments of the GCC

  • In 2014, the GCC adopted its Human Rights Charter. The GCC has its own Human Rights Commission.

Each member state also has a national commission responsible for following up on human rights work at domestic level.

Certain Gulf states – such as Kuwait, Qatar, the United Arab Emirates, Oman, Bahrain and Saudi Arabia – have played a particularly significant role in advancing human rights issues within the Arab system. For example, in 2018 Saudi Arabia initiated important reforms aimed at granting women greater rights. It is hoped that these initiatives may pave the way for increased gender equality for Saudi women.

Some of the key reforms initiated by Saudi Arabia within the framework of Agenda 2030 include:

  • In 2011, under the leadership of King Abdullah, women were granted the right to vote and to stand as candidates in elections.
  • In 2018, a decision was adopted granting Saudi women the right to drive; this entered into force in 2019.
  • In 2019, women over the age of 21 were granted the right to obtain a passport without the approval of a guardian.
  • In 2019, women were granted greater freedom of movement, leading to reforms of the male guardianship system (mahram).
The Arab Maghreb Union (AMU)

The Arab Maghreb Union was founded in 1989 in Marrakesh, Morocco. It currently consists of five member states: Algeria, Libya, Mauritania, Morocco and Tunisia. The AMU works to unify its member states and coordinate political strategies in order to achieve sustainable development among them. All AMU member states are African states. For this reason, the AMU’s human rights framework encompasses both the African and the Arab human rights instruments.

Human rights instruments relevant to the AMU

  • The African Charter on Human and Peoples’ Rights
  • The African Commission on Human and Peoples’ Rights
  • The Arab Charter on Human Rights

Some observers argue that the Arab Spring was transformative for human rights in the Arab world. The Arab Spring refers to the largely peaceful protest movements that took place in several Arab countries in late 2010 and early 2011. These uprisings were driven by a lack of human rights, poor economic conditions, political restrictions and a lack of transparency in elections. The League of Arab States and many Arab leaders maintain that, since the Arab Spring, efforts have been made to introduce stronger mechanisms to limit repression and human rights violations. Nevertheless, it remains evident that the League still faces significant challenges in the field of human rights.

A short summary of what some Arab human rights defenders report on the regional human rights situation

For certain Arab states and governments, the concept of human rights remains relatively new and not yet fully embedded. According to reports by the United Nations and Amnesty International (2019/20), there are numerous documented cases of serious human rights concerns in many Arab countries. This is reflected in the lived reality of many people: various forms of abuse, torture, displacement, war and destruction at both national and international levels are daily realities in countries such as Iraq, Syria, Yemen, Libya and Egypt. Restrictions on freedom of expression are widespread, and journalists are frequently detained or abducted. Women human rights defenders and civil society organisations face considerable risks and are often subjected to threats and violence. Even those advocating for the most basic rights – such as the rights to housing, health and education – may face prosecution. In some cases they are arrested; in others they are subjected to repression, intimidation or violence.

Did you know?
  • The idea of establishing the League of Arab States was inspired by a speech delivered by the former British Foreign Secretary Anthony Eden, who argued that the Arab world should unite as a single bloc. Nearly four years later, the League was formed.
  • The organisation could have been called the “Arab Alliance”, as proposed by Syria, or the “Arab Union”, as proposed by Iraq. The Egyptian delegation considered the name “League of Arab States” to be linguistically and politically more appropriate and more consistent with the goals of the Arab countries.