Application of Indicators to Selected Arab Countries

As considered previously, positions of relevant human rights mechanism will be highlighted by a mark (+) or (-), especially when there is a specific concern expressed regarding specific issues. However, human rights mechanisms have duty to create and to undertake a positive dialogue with members states and then the used terminology is legally diplomatic but is formulated in clear ways. The positive dialogue has always preference to positive action that those mechanisms commend to States under reviews and these positive actions are formulated in a comprehensive way of SMART recommendations directly related to expressed concerns or problematics that States parties should tackle. As examples committees use terms like “ensure that”, “enshrine”, “adopt”, “support”, “implement” etc. After expressing a concern about the application of a specific provision from the national law, the mechanism will be clear in assessing the source of this concern by differentiating between problem in law or problem in its enforcement. Committees will provide indications on the limits of the law or of its enforcement. For examples, there is difference between “support the application” of a specific provision from the law and “ensure the rights” or “take specific measures”, if the first expression is large and might be dedicated to positive actions of sensitization for example recognizing, in the same time, that the provision is in conformity with the international standard; the second and the third expressions call directly to policy-oriented that should be covered by formal decisions and then by formal measures whatever the form, regulatory or rules, which means that the problem is in the law itself.