The enforcement & implementation of international human rightslaw in Islamic countries; problems and prospects

International Human Rights Law has dramatically changed the legal, economic, social, cultural, and diplomatic dynamics of the world. Adhering to the UN's sponsored human rights norms is essential for being considered civil in the comity of nations. The UN Charter at several places expressly refers to human rights in abstract terms without furnishing any details about them. This flaw was subsided by the adoption of UDHR, ICCPR, ICESCR and various other International Human rights instruments together with certain special tools and mechanisms for the enforcement of that normative structure. Almost all of the Islamic States are parties to these UN sponsored Human Rights Treaties, however, these have also put reservations on several provisions thereby rendering the application of these norms in its entirety and fullness in standstill and unachievable as it is asserted that human rights are interdependent, indivisible and interrelated. As a matter of fact, the enforcement and implementation of these muchcelebrated human rights norms have been marred by numerous factors which include inter-alia the weakness of the UN and international law itself as well as the differences in the ideologies of the signatory State parties to the International Human Rights Law treaties particularly the constitutionally declared Islamic States such as Pakistan, Iran, Saudi Arabia etc., due to which these norms have not been able to penetrate the Islamic world as they have in the west. The constitutions of these States explicitly state that all the laws are required to conform to the basic injunctions of Islam. These States have also reserved various provisions (normative as well as procedural) of the International Human Rights Law treaties on account of their being inconsistent with their constitutional frameworks. On the other side we notice that the treaty system of the United Nations is not strong enough to induce respect and implementation of International Human Rights Law. For instance, the nature of the Committees being monitory bodies and their comments as views or opinions can not be an apt substitute of a regular court system and the binding decisions which the courts and not the committees render. The notions like sovereignty of the States which is acknowledged under the United Nations Charter and the principle of consent in international law are also an impediment in the actualization of the norms International Human Rights Law offers to humanity. Research methodology for the research underhand is based on the principle of IRAAC i.e. (Issue, Rule, Application, Analysis, and Conclusion). This essentially involves the identification of the issue or issues involved, it then follows with the search for the finding of a relevant rule, principle, or law regarding that issue to be followed by the analysis of the issue in the light of the found rule, principle, or law. These three steps then help reaching and drawing an apt conclusion. I intended to bifurcate the research into three chapters. The first chapter comprised of the evolution of International Human Rights Law and particularly emphasises the place of enforcement tools it offers for its actualization and realization. It also involves the discussion on how individuals have been made subjects and addressees of international law and been conferred substantive rights. The discussion extends and incorporate the analysis of the procedural mechanisms IHRL has to offer for the implementation of its substantive provisions together with its relevance for the benefit of individuals. The appraisal also takes into account the obligations of State Parties under the UN sponsored human rights law and a considerable mention as to what is the status and response of the Muslim world to that. The second chapter provides the details on the dealings of Muslim world with IHRL. The countries are chosen carefully and purposively to the exclusion of secular republics from the Muslim world to remain as close to the relevancy and theme of discussion as possible. These include Pakistan, Iran and Saudi Arabia which are constitutionally declared Islamic states and wherein Islam plays (as they pretend) a role and regulates their cultural, social, economic, legal, and political fabric. Third chapter is reserved for the critical assessment based on the first two Chapters and delves into detail with reference to the paradoxes the Muslim world generally and Islamic world particularly are encountering together with their reasons. It considers the issues and problems, which emanates when an Islamic state signs and ratifies a UN sponsored Human Rights Treaty, both at international as well as national arena. What are the consequences which emerge after the ratification and how do they reconcile the apparently discrepant systems of law with one another? The discussion also involves the sources of law in Islam and how are they interpreted which have a direct bearing with reference to the understanding of the topic. Human Rights then are critically seen in the light of the multi-interpretive discourse of the basic sources of Islam and understood by various leading scholars of the time and its compatibility will be adjudged leading to the conclusion of this research project.