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Titre | Date ajouter | Modèle | Document | Paragraph text | Organe | Type de document | Thematics | Thèmes | Personnes concernées | Année |
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Minorities in the criminal justice system 2015, para. 92 | 19 août 2019 | Paragraph | Sources cited throughout this report provide States with many practical recommendations on how to improve the situation of minorities in the criminal justice system. Space considerations permit the Special Rapporteur to highlight only a few: | Special Rapporteur on minority issues | Special Procedures' report |
| 2015 | |||
Debt bondage as a key form of contemporary slavery 2016, para. 49 | 19 août 2019 | Paragraph | Comprehensive national and/or regional surveys should be undertaken to identify those in bonded labour, and should include disaggregated information on those affected, by age, gender, nationality, caste or ethnic group, and to identify the industries in which debt bondage is prevalent. The existence of detailed data is a necessary step for the development of effective policies, systems and practices. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
| 2016 | |||
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 61 | 19 août 2019 | Paragraph | There are a number of closely related and mutually reinforcing challenges to achieving effective reform of international investment and free trade agreements and related improvements in the promotion and protection of indigenous peoples' human rights. Those challenges are discussed in the section below. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
| 2015 | |||
Overview of the activities carried during the first three-year term of the mandate 2011, para. 155 | 19 août 2019 | Paragraph | We encourage the sharing of experiences and best practices on ways to address the high levels of unemployment and underemployment, in particular among young people. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
| 2011 | |||
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 77e | 19 août 2019 | Paragraph | [Concerning the reform of investment and free trade practices, the Special Rapporteur recommends that:] Member States involve indigenous representatives, including women, in the negotiating process for all investment and free trade agreements when human rights impact assessments have identified potential issues relating to indigenous peoples; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
| 2015 | |||
The UN responsibility for the cholera outbreak in Haiti 2016, para. 65 | 19 août 2019 | Paragraph | Fifth, guidance might be drawn from important precedents for lump-sum settlements at the national level. Relevant examples include the arrangements set up in the United States to compensate the victims of the 11 September 2001 terrorist attacks, the 2014 agreement between the United States and France to compensate Holocaust victims and the Canadian Reparations Programme for the Indian Residential School System, created to redress the historical legacies of discrimination suffered by Aboriginal children attending those schools. | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
| 2016 | |||
Debt bondage as a key form of contemporary slavery 2016, para. 18 | 19 août 2019 | Paragraph | In India, debt bondage is geographically widespread and has been reported to be prevalent in sectors such as the brick kiln industry, stone quarries, mining, manufacturing of beedi (Indian cigarettes), carpet weaving, construction, agriculture, power looms and cotton handlooms, as well as fish processing. Such practices are reported to be present in both the formal and the informal sectors. A survey conducted in 10 States in 1978 and 1979 by the Gandhi Peace Foundation and the National Labour Institute, which remains the most detailed survey on debt bondage, estimated the total number of bonded labourers in the agricultural sector at 2.62 million. The majority of people who are in debt bondage are Dalits, of "low" caste, or indigenous peoples - also referred to as members of the scheduled castes and scheduled tribes. | Special Rapporteur on contemporary forms of slavery, including its causes and consequences | Special Procedures' report |
| 2016 | |||
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 59 | 19 août 2019 | Paragraph | By perpetuating the international power imbalances in the international system, free trade and investment regimes compound the related inequality in the resources available to countries. That lack of resources consequently negatively affects the capacities of less developed countries to protect the most vulnerable, including indigenous peoples. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
| 2015 | |||
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 54 | 19 août 2019 | Paragraph | A crucial element for the success of the Special Rapporteur's mandate will be assessments of the situation of indigenous peoples in specific countries. To the extent that time and resources are limited, such visits will have to be prepared carefully for maximum results. During the first year of her mandate, the Special Rapporteur hopes to carry out country visits within each of the regions. She notes that the previous Special Rapporteurs, in addition to visits to northern countries such as the Nordic countries, the United States and Canada, have carried out numerous visits to the Latin American region. The Special Rapporteur acknowledges that this is due in large part to the openness of countries within the Latin American region to visits by the Special Rapporteur to look into issues related to indigenous peoples. She hopes that countries in other regions, especially in Asia and Africa, will demonstrate a similar openness during the course of her mandate. The Special Rapporteur also envisions that visits to specific countries could feed in to her thematic studies. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2014 | ||
Extractive industries and indigenous peoples 2013, para. 35 | 19 août 2019 | Paragraph | The Special Rapporteur observes that in a number of cases States have asserted the power to expropriate indigenous property interests in land or surface resources in order to have or permit access to the subsurface resources to which the State claims ownership. Such an expropriation being a limitation of indigenous property rights, even if just compensation is provided, a threshold question in such cases is whether the limitation is pursuant to a valid public purpose. The Special Rapporteur cautions that such a valid public purpose is not found in mere commercial interests or revenue-raising objectives, and certainly not when benefits from the extractive activities are primarily for private gain. It should be recalled that under various sources of international law, indigenous peoples have property, cultural and other rights in relation to their traditional territories, even if those rights are not held under a title deed or other form of official recognition. Limitations of all those rights of indigenous peoples must, at a minimum, be backed by a valid public purpose within a human rights framework, just as with limitations on rights formally recognized by the State. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2013 | ||
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 77 | 19 août 2019 | Paragraph | The Special Rapporteur sees three principal aspects of the external dimension. A first aspect has to do with the participation of indigenous peoples in the broader public or political life of the State. Almost invariably, the participation of indigenous peoples in the broader public life of the State is inadequate and not proportional in relation to indigenous populations. While there are numerous examples of efforts by States to increase indigenous political participation through various measures, continued steps need to be taken to ensure greater indigenous participation in the public sphere. In this regard, special measures may be required to ensure that indigenous peoples can participate on equal footing in the public and political life of States. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2010 | ||
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 92 | 19 août 2019 | Paragraph | The Special Rapporteur calls upon States to review their respective domestic legislation to ensure that it is fully in line with the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. She recalls the four pillars of minority rights protection that should be reflected in those laws: (a) the protection of a minority's survival by combating violence against its members and preventing genocide; (b) the protection and promotion of the cultural identity of minority groups, and their right to enjoy their collective identity and to reject forced assimilation; (c) the guarantee of the rights to non-discrimination and equality, including ending structural or systemic discrimination and the promotion of affirmative action, when required; (d) the right to effective participation of minorities in public life and in decisions that affect them. The Special Rapporteur wishes to stress that merely having non-discrimination clauses, according to which all members of the society are to be treated equally, without the aforementioned additional guarantees have often proven insufficient for effective protection of disadvantaged minorities. | Special Rapporteur on minority issues | Special Procedures' report |
|
| 2017 | ||
Rights of indigenous women and girls 2015, para. 25 | 19 août 2019 | Paragraph | Indigenous children's inability to access education is generally caused by the geographical and political marginalization of indigenous communities. When education is available, it is often blind to the specific needs of indigenous children. Curricula are often not taught in indigenous languages, which undermines indigenous children's ability to achieve school readiness and express their cultural identity in school. National school curricula tend to have very little, if any, focus on indigenous peoples, their issues and histories. Some national curricula even reinforce negative cultural stereotypes about indigenous peoples and indigenous students frequently find that the education provided by the State promotes individualism and a competitive atmosphere, rather than communal ways of life and cooperation. It is also common for indigenous children to experience racism and discrimination and ethnically motivated bullying in school. Furthermore, the education available to indigenous children is not always of adequate quality. The physical buildings in which indigenous children are educated can also fail to be fit for purpose, and teaching staff and materials may also be of poor quality. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2015 | ||
Overview of the activities carried during the first three-year term of the mandate 2011, para. 113 | 19 août 2019 | Paragraph | The Special Rapporteur is pleased to provide the General Assembly with the present report and looks forward to holding a dialogue with States about his work. Although he is encouraged by the positive developments that have taken place in many places, he remains concerned about the ongoing struggles for and violations of indigenous peoples' rights throughout the world. During the second term of his mandate, he will make the development of concrete measures to tackle these pressing problems a top priority by identifying good practices and workable models and building on advances already made. Through this work, he hopes to assist in the multifaceted efforts under way to achieve the future envisioned by the Assembly when it adopted the United Nations Declaration on the Rights of Indigenous Peoples in 2007, a future in which indigenous peoples' distinct identities and cultures are fully valued and in which they have the opportunity to control their own destinies, under conditions of equality, within the broader societies in which they live. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2011 | ||
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 37 | 19 août 2019 | Paragraph | As discussed above, indigenous peoples are not included in the negotiations and drafting of free trade agreements. However, the provisions of those agreements bind their self-governance arrangements and the use of their lands, territories and resources. For example, the United States model bilateral investment treaty is strictly binding on all levels of government, including political subdivisions and other entities that exercise regulatory, administrative or other governmental authority delegated by the national Government. Not having the ability to contribute to the drafting of powerful legal agreements that affect them is a violation of indigenous peoples' right to self-determination, as provided for in article 3 of the United Nations Declaration on the Rights of Indigenous Peoples, and the right to development. Article 32, paragraph 1, of the Declaration says that "indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories". | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2015 | ||
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 43 | 19 août 2019 | Paragraph | A first aspect of the external dimension has to do with the participation of indigenous peoples in the broader public life of the State, as promoted by article 5 of the Declaration, and is related to the right of all citizens to political participation. This aspect of participation in decision-making within spheres extending beyond indigenous communities is mostly, though not entirely, a matter of the rights of indigenous individuals. As affirmed in particular by the Inter-American Court of Human Rights in the case of Yatama v. Nicaragua, the right of indigenous peoples to participate in the broader public life of the State also includes a collective element, which requires States to enact special measures to ensure the effective participation of indigenous peoples within State political structures and institutions. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2010 | ||
Overview of the activities carried during the first three-year term of the mandate 2011, para. 252 | 19 août 2019 | Paragraph | We reaffirm that the means of implementation identified in Agenda 21, the Programme for the Further Implementation of Agenda 21, the Johannesburg Plan of Implementation, the Monterrey Consensus and the Doha Declaration on Financing for Development are indispensable for achieving the full and effective translation of sustainable development commitments into tangible sustainable development outcomes. We reiterate that each country has primary responsibility for its own economic and social development and that the role of national policies, domestic resources and development strategies cannot be overemphasized. We reaffirm that developing countries need additional resources for sustainable development. We recognize the need for significant mobilization of resources from a variety of sources and the effective use of financing in order to promote sustainable development. We acknowledge that good governance and the rule of law at the national and international levels are essential for sustained, inclusive and equitable economic growth, sustainable development and the eradication of poverty and hunger. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2011 | ||
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 71 | 19 août 2019 | Paragraph | When looking at available socioeconomic data disaggregated by ethnicity and gender, there is no doubt that indigenous women experience particular and interrelated forms of discrimination because of their indigenous identity and their gender. Gender-based discrimination is a sad reality in most countries, and it is also found within some indigenous societies where, for example, women may not traditionally have participated in governance institutions or where girls are not encouraged to study. In short, many indigenous women still face additional gender-based discrimination, which leads to disadvantages, marginalization and, in extreme cases, to violence, physical mutilation, trafficking, prostitution and restricted access to justice. On the other hand, there is ample documentation of the strong and crucial roles played by indigenous women in many areas of life, including food production, biodiversity conservation, climate change adaptation, transmission of languages, culture and knowledge, conflict resolution and peacekeeping. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2014 | ||
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 20 | 19 août 2019 | Paragraph | The impact of free trade and international investment agreements on human rights is broadly recognized as including issues such as land rights, environmental degradation, poverty, the State's regulatory and protective capacity, democratic deficit and challenges to the rule of law in relation to the development and enforcement of such agreements and the Government's ability to provide services such as health and water. Those issues have been recognized within the human rights and business agenda. The issue was discussed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises, and is included within principle 9 of the Guiding Principles on Business and Human Rights. The principle articulates that "States should maintain adequate domestic policy space to meet their human rights obligations when pursuing business-related policy objectives with other States or business enterprises, for instance through investment treaties or contracts". | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2015 | ||
Ability of associations to access financial resources as a vital part of the right to freedom of association & Ability to hold peaceful assemblies as an integral component of the right to freedom of peaceful assembly 2013, para. 43 | 19 août 2019 | Paragraph | The ability to hold peaceful assemblies is a fundamental and integral component of the multifaceted right to freedom of peaceful assembly, which shall be enjoyed by everyone. Such ability is of utmost importance to the work of civil society actors, including those promoting the realization of economic, social and cultural rights, as it enables them to publicly voice their message, which ultimately benefits the realization of the right(s) they strive to promote and protect, especially in the context of the ongoing dire economic crisis. This is all the more relevant for groups most at risk of violations and discrimination, such as women, youth, indigenous peoples, persons with disabilities, persons belonging to minority groups, groups at risk because of their sexual orientation and gender identity and non-nationals. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
|
| 2013 | ||
Access to land and the right to food 2010, para. 43a (ii) | 19 août 2019 | Paragraph | [The Special Rapporteur also makes the following recommendations to the international community:] Establish adequate governance instruments to operationalize the commitments set out in the Final Declaration of the International Conference on Agrarian Reform and Rural Development. The Voluntary Guidelines on Responsible Governance of Tenure of Land and other Natural Resources could make a significant contribution, provided that they: Provide for the systematic and comprehensive interpretation of existing provisions of international human rights and environmental law that protect the rights of land users in all categories, whether indigenous peoples or other rural groups such as peasants, pastoralists and fisherfolk. The international recognition of the rights of these groups is scattered among various instruments and lacks systematic interpretation. The FAO Committee on World Food Security could also play an important role by:
a. Establishing a mechanism for follow-up to the Conference commitments;
b. Commissioning an independent review by the Committee's High-level Panel of Experts on Food Security and Nutrition of best practices in agrarian reform; | Special Rapporteur on the right to food | Special Procedures' report |
|
| 2010 | ||
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 16a | 19 août 2019 | Paragraph | [The following are necessary conditions for the full realization of the right of everyone to take part in cultural life on the basis of equality and non-discrimination.] Availability is the presence of cultural goods and services that are open for everyone to enjoy and benefit from, including libraries, museums, theatres, cinemas and sports stadiums; literature, including folklore, and the arts in all forms; the shared open spaces essential to cultural interaction, such as parks, squares, avenues and streets; nature's gifts, such as seas, lakes, rivers, mountains, forests and nature reserves, including the flora and fauna found there, which give nations their character and biodiversity; intangible cultural goods, such as languages, customs, traditions, beliefs, knowledge and history, as well as values, which make up identity and contribute to the cultural diversity of individuals and communities. Of all the cultural goods, one of special value is the productive intercultural kinship that arises where diverse groups, minorities and communities can freely share the same territory; | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
|
| 2009 | ||
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 3 | 19 août 2019 | Paragraph | The right of everyone to take part in cultural life is also recognized in article 27, paragraph 1, of the Universal Declaration of Human Rights, which states that "everyone has the right freely to participate in the cultural life of the community". Other international instruments refer to the right to equal participation in cultural activities; the right to participate in all aspects of social and cultural life; the right to participate fully in cultural and artistic life; the right of access to and participation in cultural life; and the right to take part on an equal basis with others in cultural life. Instruments on civil and political rights, on the rights of persons belonging to minorities to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, and to participate effectively in cultural life, on the rights of indigenous peoples to their cultural institutions, ancestral lands, natural resources and traditional knowledge, and on the right to development also contain important provisions on this subject. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
|
| 2009 | ||
Implementation of article 14 by States parties 2012, para. 32 | 19 août 2019 | Paragraph | The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. States parties shall ensure that access to justice and to mechanisms for seeking and obtaining redress are readily available and that positive measures ensure that redress is equally accessible to all persons regardless of race, colour, ethnicity, age, religious belief or affiliation, political or other opinion, national or social origin, gender, sexual orientation, gender identity, mental or other disability, health status, economic or indigenous status, reason for which the person is detained, including persons accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction, and including those marginalized or made vulnerable on bases such as those above. Culturally sensitive collective reparation measures shall be available for groups with shared identity, such as minority groups, indigenous groups, and others. The Committee notes that collective measures do not exclude the individual right to redress. | Committee against Torture | General Comment / Recommendation |
|
| 2012 | ||
Criminalisation of sexual and reproductive health 2011, para. 59 | 19 août 2019 | Paragraph | Laws restricting information about sexual and reproductive health and which censor discussions of homosexuality in the classroom fuel stigma and discrimination of vulnerable minorities. For example, laws and policies that promote abstinence-only education reduce sexual education to images and stereotypes of heteronormativity, given their focus on procreation; some of these programmes even contain explicitly discriminatory content on gender and sexual orientation. In certain instances, teachers have been suspended or threatened with lawsuits for engaging in discussions on "inappropriate" sexual matters with their students when discussing sexual and reproductive health issues in the classroom. In other cases, pursuant to abstinence-only and anti-obscenity policies, school districts, courts and legislators have prohibited civil society organizations from meeting in public schools. Such laws and policies perpetuate false and negative stereotypes concerning sexuality, alienate students of different sexual orientations and prevent students from making fully informed decisions regarding their sexual and reproductive health. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
|
| 2011 | ||
Minorities in the criminal justice system 2015, para. 63 | 19 août 2019 | Paragraph | Minority victims of crimes are entitled to equal access to justice and reparation; indeed, the special needs of minorities should be taken into account in the provision of victim services and assistance. In practice however, these rights are often not respected or fulfilled. | Special Rapporteur on minority issues | Special Procedures' report |
|
| 2015 | ||
Right to self-determination 1996, para. 5 | 19 août 2019 | Paragraph | In order to respect fully the rights of all peoples within a State, Governments are again called upon to adhere to and implement fully the international human rights instruments and in particular the International Convention on the Elimination of All Forms of Racial Discrimination. Concern for the protection of individual rights without discrimination on racial, ethnic, tribal, religious or other grounds must guide the policies of Governments. In accordance with article 2 of the International Convention on the Elimination of All Forms of Racial Discrimination and other relevant international documents, Governments should be sensitive towards the rights of persons belonging to ethnic groups, particularly their right to lead lives of dignity, to preserve their culture, to share equitably in the fruits of national growth and to play their part in the Government of the country of which they are citizens. Also, Governments should consider, within their respective constitutional frameworks, vesting persons belonging to ethnic or linguistic groups comprised of their citizens, where appropriate, with the right to engage in activities which are particularly relevant to the preservation of the identity of such persons or groups. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
|
| 1996 | ||
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 59 | 19 août 2019 | Paragraph | A starting point for the effective implementation of the Declaration is a firm commitment by States and the United Nations system to its rights and principles that is free from vague assertions that the Declaration is not obligatory. On too many occasions State and other actors attempt to diminish the normative weight of the Declaration by describing it as an instrument that is not "legally binding". As a resolution of the General Assembly, the Declaration by its nature is not, in and of itself, a legally binding instrument, given the authority of the General Assembly under the Charter of the United Nations only to make "recommendations", except in regard to membership, budgetary and administrative matters. But understanding the normative significance and legal obligations related to the Declaration does not end there. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2010 | ||
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 35 | 19 août 2019 | Paragraph | Related to capacity-building and the strengthening of self-government, indigenous peoples should be provided with the opportunity to participate as equal partners in the development process when both their particular interests and the interests of the larger societies of which they form a part are implicated. In his experience working together with State officials and representatives of private industry, the Special Rapporteur has observed, in general, a lack of consideration of options for indigenous peoples to be real partners in development activities. Real partnership would require indigenous peoples to be able to genuinely influence decisions concerning the development activities, fully participate in their design and implementation and directly benefit from any economic or other benefits that are derived from them. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
|
| 2010 | ||
Disability-inclusive policies 2016, para. 53 | 19 août 2019 | Paragraph | To the maximum extent possible, States should provide support services and assistive devices and technologies under a community-based approach. That means not only providing relevant services in the community where the person lives, but also ensuring the participation of persons with disabilities in decision -making processes and activities related to the design and provision of those services, as well as recognizing and supporting existing social networks and community resources. In that way, community-based services enable the optimal use of local resources, often with more efficient delivery systems than through other measures. When services are not community-based there is either a drive towards segregation, or those needing such services may have difficulty in accessing them. Additionally, when services are designed in a participatory manner and with the communities in mind, their adequacy and adaptability is increased, which results in responses that are sensitive to geographical, social, economic and cultural issues. In the case of indigenous peoples, such community-based services could be used to avoid the risk of assimilation when providing disability-specific services to indigenous persons with disabilities. | Special Rapporteur on the rights of persons with disabilities | Special Procedures' report |
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| 2016 |