12.3.1 Standards and Mechanisms of the League of Arab States:

Protection for minorities is contained in the Arab Charter on Human Rights and general human rights treaties (such as the ICCPR, ICERD and CRC) that have been ratified. The League of Arab States has not elaborated any specific minority rights treaties.

The Arab Charter on Human Rights is the newest regional instrument on human rights, adopted under the auspices of the League of Arab States. The revised text came into force in January 2008. The Charter establishes a monitoring body - the Arab Human Rights Committee – to examine state compliance with its principles.

The Charter prohibits discrimination on the grounds of “race, colour, sex, language, religious belief, opinion, thought, national or social origin, wealth, birth or physical or mental disability” in the enjoyment of rights in the Charter.86 Article 25 provides that “Persons belonging to minorities shall not be denied the right to enjoy their own culture, to use their own language and to practice their own religion. The exercise of these rights shall be governed by law”.

The Charter does not define which minority groups are entitled to the rights under article 25. However, the preamble to the Charter reaffirms the principles in international standards including the ICCPR and in article 43 states:

Nothing in this Charter may be construed or interpreted as impairing the rights and freedoms protected by the domestic laws of the States parties or those set force in the international and regional human rights instruments which the States parties have adopted or ratified, including the rights of women, the rights of the child and the rights of persons belonging to minorities. (Emphasis added)

Article 30.1 of the Charter provides that “everyone has the right to freedom of thought, conscience and religion and no restrictions may be imposed on the exercise of such freedoms except as provided for by law”. Article 30.2 provides:

The freedom to manifest one’s religion or beliefs or to perform religious observances, either alone or in community with others, shall be subject only to such limitations as are prescribed by law and are necessary in a tolerant society that respects human rights and freedoms for the protection of public safety, public order, public health or morals or the fundamental rights and freedoms of others.

86 League of Arab States, Revised Arab Charter on Human Rights, May 22, 2004, reprinted in 12 Int’l Hum. Rts. Rep. 893 (2005), entered into force March 15, 2008, Article 3.1 http://www1.umn.edu/humanrts/instree/loas2005.html?msource=UNWDEC19001&tr=y&auid=3337655 (accessed 9 August 9, 2009).

Back to top