The United Nations Declaration on the
Promoting adoption of international standards
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- 2.1. The Declaration
- 2.2. Other international instruments
- 3. Implementation of international treaties
2. Promoting adoption of international standardsA State’s legal framework and the existence of a human rights culture within the State’s organs are foundations for the protection, promotion and realization of indigenous peoples’ human rights. This legal framework includes adopting or becoming a party to international instruments containing human rights norms and standards, as well as the subsequent domestic implementation of these standards. 2.1. The DeclarationFirst and foremost, NHRIs should assess whether their State has formally indicated support for the Declaration, either at the time of its adoption in the General Assembly or through a subsequent announcement.
NHRIs can develop a strategy to pursue formal support for the Declaration where their State has not already indicated it. A variety of approaches can be used, including: Raising public awareness through campaigns, media release and speeches Lobbying the Government, both at the parliamentary and the executive levels Making formal recommendations to the Government Advocating to international human rights mechanisms, such as the treaty bodies, and making recommendations through parallel reporting processes. Consistent with the Declaration, NHRIs should work in conjunction with indigenous peoples’ organizations in undertaking these strategies.
2.2. Other international instrumentsGiven the status of the Declaration as an instrument that collates existing international human rights standards and interprets them as they apply to indigenous peoples, it is crucial that NHRIs review whether their State is a party to the core international human rights treaties. NHRIs should also assess whether their State has entered any reservations213 to these human rights treaties. NHRIs can lobby their State if it is not a party to the core human rights treaties or for the removal of any reservations it may have entered. NHRIs should also consider reviewing their State’s position on relevant regional instruments.
3. Implementation of international treatiesThe domestic protection afforded by international human rights treaties is determined by the legal and political landscape of each State. States are generally divided into two categories: Monist (or self-executing), where treaties are directly incorporated into domestic law upon the State becoming a party Dualist (or non self-executing), where the passage of implementing legislation is required to incorporate international treaty obligations into domestic law.215 NHRIs that operate in dualist States should advocate for enabling legislation to incorporate international obligations domestically. The lobbying strategy can be similar to that outlined in relation to becoming a party to human rights treaties. Technical advice could also be offered by NHRIs in drafting, or in reviewing drafts, of such legislation.
The domestic incorporation of human rights treaties will have a disproportionately positive effect for indigenous peoples because of their vulnerability to human rights violations. It should be noted that legislative incorporation of ILO Convention No. 169 will particularly benefit indigenous peoples because of its specific focus on indigenous peoples. In addition to general lobbying, NHRIs should encourage their State to specifically consider how domestic implementation of international standards can positively advance the promotion, protection and realization of indigenous peoples’ human rights. Consultation and effective engagement with indigenous peoples will be very important in this regard.
Even if not domestically implemented, international standards can have an indirect impact on domestic law, as the norms and standards can be used by the judiciary in construing ambiguous provisions of legislation.218 If their mandate allows, NHRIs can play a key strategic role to advise courts (i.e. as amicus curiae or “friend of the court”) on relevant and applicable human rights standards.
Legal reforms alone are rarely enough to achieve the effective implementation of international standards.220 A range of legislative instruments, policies, practices and programmes will have an influence on whether effective implementation is achieved. Advocacy by NHRIs should emphasize that legislation is the start of a process of domestic implementation, rather than an end point.221 NHRIs can also advocate for a national action plan for human rights, which may include specific reference to the State’s international obligations. Such a plan could outline the strategic steps necessary to ensure the protection, promotion and realization of human rights standards. NHRIs can provide technical assistance to the State in developing a national action plan for human rights. Directory: sites -> default -> files files -> Answer True False 2 points Question 2 files -> Northern England’s set-jetting locations files -> Nstructions for Acquiring Excess Equipment online, through the 1033 Program files -> Occupational health and safety files -> The Black Panther Party’s Ten Point Program files -> International programs roel profile files -> Fermi Questions a guide for Teachers, Students, and Event Supervisors Lloyd Abrams, Ph. D. DuPont Company, cr&D/ccas experimental Station Wilmington, de 19880 files -> Personal Information Name: Maha Al-Ammari Nationality: Saudi Relationship Status Download 0.6 Mb. Share with your friends:
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