United Nations Universal Periodic Review (UPR) Observations on the State of Indigenous Human Rights in Honduras Light of the United Nations Declaration on the Rights of Indigenous Peoples

2014 ◽  
Vol 7 (1) ◽  
pp. 1-3
Author(s):  
Marcelle Burns

The United Nations’ Declaration on the Rights of Indigenous Peoples (2007) received a mixed reception. Some commentators viewed it as setting important normative standards for the recognition of Indigenous human rights within the international law framework, whilst others have been critical of the declaration for unduly limiting the nature and scope of Indigenous rights (Anaya 2004; Churchill 2011; Davis 2008; Moreton-Robinson 2011; Pitty 2001; Watson and Venne 2012). Indigenous Nations’ Rights in the Balance: An Analysis of the Declaration on the Rights of Indigenous Peoples by Charmaine White Face (2013) makes an important contribution to this debate by methodically charting the key changes made during the passage of the declaration through the United Nations process and highlighting the significance of these changes for the recognition and realisation of Indigenous rights.


Author(s):  
Kothari Miloon

This article examines the evolution of the United Nations� (UN) human rights agency from the UN Commission on Human Rights (UNCHR) into the UN Human Rights Council (UNHRC). It explains that UNHRC was created in March 2006 to replace the UNCHR and become the world�s premier human rights body. It evaluates the effectiveness of the UNHRC�s peer-review human rights mechanism called the Universal Periodic Review. This article also offers some suggestions on how to improve the performance of the UNHRC including changes in size and distribution of membership, membership criteria, voting patterns and participation of non-state actors.


Author(s):  
Andrew Clapham

How are human rights put into practice? What does it mean when governments announce that their foreign policy is concerned with promoting and protecting human rights? Where is the enforcement of these rights? ‘Human rights foreign policy and the role of the United Nations’ considers human rights in terms of foreign policy and international law and examines the UN’s Universal Periodic Review process and the Office of the High Commissioner for Human Rights. It is only recently that governments have actively involved themselves in how another state treats its nationals, but enthusiasm for human rights in foreign policy ebbs and flows.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 305
Author(s):  
Dony Yusra Pebrianto ◽  
Budi Ardianto ◽  
Taufan Dyusanda Putra

Internationally The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) emphasizes respect for the local wisdom of indigenous legal communities. The selection of village heads is one of the regulatory concepts stipulated in Law No. 6 of 2014 on Villages. The selection of village heads in the concept of this law is conducted simultaneously stipulated by local regulations and the procedures are specifically regulated through government regulations as stipulated in Article 31 of Law No. 6 of 2014 on Villages. But it turns out that in practice, especially in indigenous peoples, the deability of the village head election often clashes with the arrangement of the village head election. So in this case the formulation of the problem in this writing is how the arrangement of the rights of indigenous peoples in The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the value and concept of local wisdom that applies in the selection of village heads in 5 (Five) Villages Semerap Kedepatian. The method used in this writing uses empirical juridical methods. And in this case it is concluded that UNDRIP regulates matters relating to individual rights as well as very specific collective rights sourced from indigenous peoples. In this case the State is obliged to protect or fulfill the rights of indigenous peoples including cultural heritage and their cultural manifestations including human resources and genetics. And in the indigenous people of kedepatian semerap Kerinci regency there is a customary provision where the prospective head of the village must get customary recommendations and be appointed from Depati and Nenek Mamak. The provision is considered contrary to the local Paraturan in relation to the election of the village head. So given the provisions of UNDRIP and the 1945 Constitution, the State is obliged to protect and maintain these customs given the positive impact that arises from it. So in this case the customary provisions should be regulated in the Regulation including also about the recognition of indigenous peoples. In addition, the community needs to open a paradigm on human rights in the selection of village heads in addition to the paradigm of the enforcement of customary law there needs to be flexibility from the State as long as it is not contrary to national law.


Author(s):  
Massimo Introvigne

The chapter tells the stories of persecution, arrest, detention, torture, and in some cases extrajudicial killing of nine members of The Church of Almighty God in China. All the stories reveal the real names of the victims and are supported by documents filed with the Human Rights Council of the United Nations during the 2018 Universal Periodic Review of China and published on the website of the United Nations. They evidence a consistent pattern of repression and abuse. The victims were arrested for no other crime than being active in a banned religious group. Members of their families were also threatened and persecuted. Extra-judicial killings were covered up, and families were told that natural causes were responsible for the victims’ deaths.


2018 ◽  
Vol 26 (1) ◽  
pp. 84-107 ◽  
Author(s):  
Jeremy Sarkin

This article examines how effective the African Union (AU) has been in pushing states to be more democratic in nature and to respect, protect, fulfil and promote the human rights of their inhabitants. It reviews the political role of the AU in this regard using the situation in Swaziland to do so. The article also examines Swaziland at the United Nations’ Universal Periodic Review (UPR) process as a comparative tool.


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