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Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 83
- Paragraph text
- The donor and diplomatic community in many countries can play a significant role not only in terms of providing funds, but also in extending support for the intercultural political dialogue needed.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 54
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- Judicial oversight in relation to international investment agreements is also extremely lacking, thereby undermining the rule of law. As discussed above, investors have direct access to investor-State dispute settlement mechanisms and do not have to exhaust national remedies first; therefore, judicial review of international investment agreements is completely circumvented. The absence of any judicial oversight raises many procedural concerns relating to how investor-State dispute settlements are implemented, including the lack of an appeals process, the diffuse nature of proceedings owing to the lack of any form of coordination and oversight body, the opacity of proceedings and the lack of comprehensive and publically available information about all rulings. In addition, there are serious concerns about bias and conflict of interest among legal professionals involved in cases. As stated by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, "the dispute settlement is controlled by a small clique of arbitrators and lawyers, and the same person may be counsel, arbitrator and adviser to an investor or State at different times. Many arbitrators share close links with business communities and may be inclined towards protecting investors' profits" (see A/69/299, para. 62).
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 67
- Paragraph text
- A positive development is that in the context of the universal periodic review the Declaration has been referred to as an instrument to measure how Governments adhere to international human rights standards.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
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