open-letter-39-aboriginal-and-civil-society-organizations-across-canada-are-calling-on-prime-minister-stephen-harper-to-endorse-the-un-declaration-on-the-rights-of-indigenous-peoples-without-qualifications-and-in-a-manner-consistent-with-international-human-rights-law-june-18-2010

2019 ◽  
Vol 8 (1) ◽  
pp. 215-235
Author(s):  
Alexandre Fontenelle-Weber

The central objective of this Paper is to develop an analysis of the position occupied by civil society organizations in International Human Rights Law, specifically in human rights protection at the international level. In this regard, the proposed examination will focus on the discussion regarding the accountability of said organizations, at this level.  Introducing, from a historical perspective, the form of interaction of these actors with supranational organizations, it is possible to draw conclusions regarding its legitimacy and its accountability or lack thereof. By drawing on the concept of legitimacy as used in the international sphere, to which the idea of accountability is directly linked, it can be developed certain analytical tools that permit the identification of specific aspects of accountability that are fundamental in understanding the mode of operation of civil society organizations in International Human Rights Law. As a practical example, it is studied the case of the INGO Accountability Charter, currently known as Accountable Now.     Recebido em: agosto/2018.Aprovado em: dezembro/2018.


Author(s):  
Rhona K. M. Smith

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.


2019 ◽  
Vol 26 (3) ◽  
pp. 373-408
Author(s):  
M. Ya’kub Aiyub Kadir

This article investigates the problem of defining ‘people’ and ‘indigenous people’ under the International Human Rights Covenants and their application in the Indonesian context. Using analyses based on the Third World Approach to International Law (twail), this article shows the problems facing Indonesia in identifying indigenous peoples as traditional peoples, in terms of being isolated peoples (Masyarakat Hukum Adat, hereafter mha), and the non-isolated indigenous peoples who were sovereign before the independence of Indonesia. This interpretation has been confusing in relation to the entitlement to natural resources. Therefore, this article proposes a new understanding of indigenous peoples, in order to arrive at better treatment and recognition and in terms of sharing power and the benefits of natural resources in the Indonesian system.


2019 ◽  
Vol 9 (2) ◽  
pp. 298-333
Author(s):  
M.Y. Aiyub KADIR ◽  
Alexander MURRAY

AbstractThis paper examines resource nationalism in the legal system of Indonesia under the interpretation of Articles 33(2), 33(3), and 18B(2) of the 1945 Constitution. It will describe the evolution of the meaning of resource nationalism since independence to the present day, in the context of foreign investment, to investigate the extent to which resource nationalism has benefited indigenous peoples. This paper argues that resource nationalism in the legal system of Indonesia has been driven by state-centric goals and has strayed far away from considerations of the benefits to the indigenous people (Masyarakat Hukum Adat/MHA), so as to dominantly benefit the elites of government and foreign investors. This paper will introduce a new conceptual framework in order to develop an effective argument about resource nationalism using International Human Rights Law.


Author(s):  
Freedman Rosa

This chapter focuses on the Human Rights Council. As the principal UN human rights body, the Council is arguably the lynchpin of the UN human rights machinery, bringing together states, independent experts, UN staff, and civil society actors, as well as reporting to the full UN membership via the General Assembly. The Human Rights Council is also quite a unique body, combining the most intensely political elements, a high degree of reliance on expertise, and in situ human rights investigations in order to fulfil its duties to protect, to promote, and to develop international human rights law. Many of the criticisms of the Council fail to take into account the ways in which it is hampered by its mandate, powers, and mechanisms. The chapter then considers the Council’s creation, its mandate and functions, and details the body’s strengths and weaknesses.


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