scholarly journals Norm Entrepreneurship at the UN - Dalits and Communities Discriminated on Work and Descent

2021 ◽  
Vol 2 (2) ◽  
pp. 235-264
Author(s):  
Paul Divakar Namala
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
United Nations ◽  
Racial Discrimination ◽  
Human Rights Violations ◽  
Human Beings ◽  
International Organisations ◽  
International Convention ◽  
Socio Economic Development

Human rights are rights inherent to all human beings. However, caste-based discrimination is one of the areas that most human rights mechanisms overlook. As a result of several interventions by Dalit and human rights organisations, the erstwhile United Nations body, in 2000, has termed it ‘discrimination based on work and descent’. The above Dalit and other International organisations have also brought evidence before the UN Committee on the Elimination of Racial Discrimination which has endorsed caste-based discrimination as part of the discrimination based on descent, in Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). Further, it was also brought to the notice of various Special Rapporteurs and UN Committees that communities discriminated on work and descent (CDWD) face severe human rights violations and abuses that continue to restrain the socio-economic development of these specific groups of people in several countries globally. Dalit organizations and their solidarity bodies have gone ahead through a process of ‘norm entrepreneurship’ at the UN levels. This article narrates and analyses the challenges and human rights consequences of caste and discrimination based on work and discusses the norm entrepreneurship journey of Dalits and CDWD at the UN level.

Global Compilation of National Legislation Against Racial Discrimination

1992 ◽  
Vol 20 (2) ◽  
pp. 159-161
Author(s):  
Robert W. Schaaf
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Racial Discrimination ◽  
San Francisco ◽  
Universal Declaration ◽  
General Assembly ◽  
International Convention ◽  
National Legislation ◽  
Fundamental Freedoms ◽  
The United Nations

The united nations recently issued a compilation of national legislation against racial discrimination. The publication, which has a 1991 imprint, bears the title: Second Decade to Combat Racism and Racial Discrimination: Global Compilation of National Legislation against Racial Discrimination. This volume covers 205 pages and carries the symbol: HR/PUB/90/8.The Charter of the United Nations, which was signed in June 1945 at San Francisco, entrusts the UN with promoting and ensuring respect for human rights and fundamental freedoms “for all without distinction as to race, sex, language or religion.” The General Assembly, in one of its first resolutions, declared in 1946 “that it is in the higher interests of humanity to put an immediate end to religious and so-called racial persecution and discrimination.” The Universal Declaration of Human Rights, adopted by the General Assembly December 10, 1948, is the most fundamental human rights instrument adopted by the United Nations. Since that time there have been numerous conventions and declarations aimed specifically at eliminating racial discrimination. These include the Declaration and International Convention on the Elimination of All Forms of Racial Discrimination, adopted November 20, 1963 and December 21, 1965, respectively, and the Convention on the Suppression and Punishment of the Crime of Apartheid, adopted November 30, 1973.

The Meaning and Reach of the International Convention on the Elimination of All Forms of Racial Discrimination

1985 ◽  
Vol 79 (2) ◽  
pp. 283-318 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Racial Discrimination ◽  
Or Education ◽  
International Convention ◽  
Customary International Law ◽  
Fundamental Freedoms ◽  
The United Nations ◽  
United Nations Charter

The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) is the most important of the general instruments (as distinguished from specialized instruments such as those pertaining to labor or education) that develop the fundamental norm of the United Nations Charter—by now accepted into the corpus of customary international law—requiring respect for and observance of human rights and fundamental freedoms for all, without distinction as to race. It has been eloquently described as “the international community’s only tool for combating racial discrimination which is at one and the same time universal in reach, comprehensive in scope, legally binding in character, and equipped with built-in measures of implementation.”

Race versus Religion in the Making of the International Convention Against Racial Discrimination, 1965

2014 ◽  
Vol 32 (2) ◽  
pp. 351-383 ◽  
Author(s):  
Ofra Friesel
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Racial Discrimination ◽  
Member States ◽  
International Convention ◽  
Final Version ◽  
Major Field ◽  
Short Period ◽  
The United Nations

The International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (CERD), was negotiated at the United Nations (UN) during the years 1962–1965. At that period, the UN was an organization so highly politicized and split that it was almost paralyzed, operatively speaking. Human rights codification was a major field whose advancement came to a standstill as a result of the lack of cooperation between UN member-states. Nevertheless, the UN managed to unite around the denunciation of racial discrimination, and unanimously adopted CERD on December 21, 1965. Furthermore, the period of time that elapsed between the presentation of the initiative and the vote on the final version of the treaty was only 3 years; a rather short period of time, UN experience considered.

scholarly journals IS ASEAN’S PRACTICE OF NON-INTERFERENCE AND REGIONAL PARTICULARISM PRINCIPLES A SOURCE OF HINDRANCE FOR HUMAN RIGHTS LAW ENFORCEMENT IN SOUTH EAST ASIA?

2020 ◽  
Vol 4 (1) ◽  
pp. 1-14
Author(s):  
Siti Rochmah Aga Desyana
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
East Asia ◽  
Racial Discrimination ◽  
Human Rights Violations ◽  
South East Asia ◽  
Human Rights Law ◽  
International Convention ◽  
Umbrella Organization ◽  
Extrajudicial Killing

Abstract In the ages of Duterte and his extrajudicial killing policies, of Aung Sang Suu Kyi and the Rohinya systemic persecution, of Malays rejecting the ratification of International Convention for Eradication of Racial Discrimination (ICERD), and other unfortunate events spanning across the region, South East Asia was largely suffering from various grave breaches of human rights violations. As the subcontinent umbrella organization, however, ASEAN’s hand has been largely tied when facing the issues pertaining in their region, despite pledging their commitment to establish protection and enactment of human rights law in its continent since 2007. Some experts say that its inability to perform meaningful actions is mainly attributable to its “non-interference policy”, a principle adopted by ASEAN with several unique characteristics that differs its practice with other organization practicing similar belief, mixed with a misguided application of implementation regarding “regional particularism”. This paper aims to understand the establishment of such principles’ implementation and how they influence the organization’s approach against violations of human rights happening under its member-states’ governments. Keywords: Human Rights Violations, Non-Interference, Regional Particularism   Abstrak Pada zaman Duterte dan kebijakan pembunuhan di luar proses hukumnya, Aung Sang Suu Kyi dan penganiayaan sistemik etnik Rohingya, orang-orang Malaysia menolak ratifikasi Konvensi Internasional untuk Pemberantasan Diskriminasi Rasial (ICERD), dan berbagai peristiwa malang lainnya yang terjadi di berbagai daerah, Asia Tenggara menderita berbagai pelanggaran berat hak asasi manusia (HAM). Namun, sebagai organisasi yang memayungi sub-benua, tangan-tangan ASEAN sebagian besar terikat ketika menghadapi masalah-masalah yang berkaitan dengan wilayah mereka, meskipun berjanji untuk membangun perlindungan dan pemberlakuan undang-undang hak asasi manusia di benua itu sejak 2007. Beberapa ahli mengatakan bahwa ketidakmampuannya untuk melakukan tindakan yang berarti terutama disebabkan oleh kebijakan non-intervensi-nya, sebuah prinsip yang diadopsi oleh ASEAN dengan beberapa karakteristik unik yang berbeda praktiknya dengan organisasi lain yang mempraktikkan prinsip serupa, yang kemudian dicampur dengan implementasi “kekhususan regional” yang problematik. Artikel ini bertujuan untuk memahami pembentukan implementasi prinsip tersebut dan bagaimana hal itu mempengaruhi pendekatan organisasi terhadap pelanggaran hak asasi manusia yang terjadi di bawah pemerintahan negara-negara anggotanya. Kata Kunci: Kekhususan Regional, Non-Intervensi, Pelanggaran HAM

scholarly journals AUSTRALIAN HUMAN RIGHTS COMMISSION (AHRC) DALAM MENGURANGI KASUS DISKRIMINASI RAS DI AUSTRALIA TAHUN 2015-2018

2021 ◽  
Vol 24 (1) ◽  
pp. 434
Author(s):  
Micaella Dani ◽  
Muharjono Muharjono
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Racial Discrimination ◽  
Early Warning ◽  
International Convention ◽  
Public Hearings ◽  
The United Nations

This journal discussing about the efforts of the Australian Human RightsCommission (AHRC) to reduce racial discrimination cases in Australia 2015-2018. The AHRC efforts was defined into five rules and procedures for resolving racial discrimination complaints. They are socialization or early warning, collecting complaints and investigation, fulfillment, continuation of legal actions, and public hearings. The Australia’s moment ratified the rules of the United Nations of Human Rights Commissioner (UNHRC), namely the CERD rules concerning the International Convention on the Elimination of All Forms of Racial Discrimination which sparked the 1975 Racial Discrimination Act could construct the formation of the AHRC in 1986. The principle of UNHRC is an organization known as regime which adopted in Australia in the form of AHRC. This journal aims to discuss, describe and find out the efforts of the Australian Human Rights Commission in reducing cases of racial discrimination in Australia 2015-2018. Explain the rules and procedures for resolving racial discrimination complaints received by the AHRC through five stages of resolution. Afterwards analyze whether the five rules and procedures implemented by the AHRC implemented optimally to reduce racial discrimination cases which happened in Australia in 2015-2018.

The Security Council on women in war: between peacebuilding and humanitarian protection

2010 ◽  
Vol 92 (877) ◽  
pp. 197-219 ◽  
Author(s):  
Alain-Guy Tachou-Sipowo
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Armed Conflict ◽  
Active Participation ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Women In War

AbstractHaving established that massive human rights violations in armed conflict constitute a threat to peace and that women are the most severely affected by the scourge of war, the Security Council has since 1999 adopted a number of resolutions intended specifically for this group. These instruments contribute to the development of humanitarian law applicable to women and acknowledge the value of active participation by women in peace efforts. The following article first analyses the foundations on which the Council has been able to assume responsibility for protecting women in situations of armed conflict, and then considers the actual protection it provides. It concludes that the Council has had varying success in this role, pointing out that the thematic and declaratory resolutions on which it is largely based are not binding and therefore, they are relatively effective only as regards their provisions committing United Nations bodies. The author proposes that the Council's role could be better accomplished through situational resolutions than through resolutions declaratory of international law.

scholarly journals COOPERATION BETWEEN UKRAINE AND THE UN AT THE PRESENT STAGE

2020 ◽  
pp. 34-40
Author(s):  
K. S. Loboda
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Sustainable Development Goals ◽  
Democratic Governance ◽  
Political Rights ◽  
International Convention ◽  
Cultural Rights ◽  
Development Goals ◽  
The Russian Federation ◽  
The United Nations

The article is devoted to the United Nations Organization, which turns 75 this year. The article reveals the cooperation between Ukraine and the UN. Despite the ongoing aggression by the Russian Federation, Ukraine pays special attention to the UN's efforts to maintain international peace and security, considering participation in it as an important factor in its foreign policy. Ukraine is an active participant in the activities of the UN system in the field of human rights, a party to all major UN human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Optional Protocols and the International Convention on the Elimination of all forms of racial discrimination. Since March 2014, at the invitation of our state, the UN Monitoring Mission in the field of human rights has been operating in Ukraine, recording the human rights consequences of Russian aggression. Our country receives significant technical, advisory and financial assistance from UN specialized agencies, its funds and programs, in particular, in the areas of democratic governance, poverty alleviation, achieving the National Sustainable Development Goals, supporting public administration, combating HIV / AIDS and other serious diseases, environment. In connection with the above, it should be emphasized that Ukraine, as a founding member of the United Nations, does not stand aside, but actively cooperates with this respected international organization in all areas of its activities. Ukraine remains a supporter of strengthening and increasing the effectiveness of the UN and adapting to modern challenges in the world. Keywords: United Nations Organization, Ukraine, Security Council, human rights, peacekeeping.

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