Presentation on theme: "Human Rights Approach in Lao PDR: Opportunities and Challenges for the UN System at Country Level to Strengthen and use Lao HR systems Human Rights-based."— Presentation transcript:
1Human Rights Approach in Lao PDR: Opportunities and Challenges for the UN System at Country Level to Strengthen and use Lao HR systemsHuman Rights-based Approach and Results-based Management WorkshopNovotel, Vientiane, Lao PDR, September, 2010
2Introduction: National Human Rights Protection System (NHRPS) The NHRPSThe national policies and institutions that promote and protect human rights.The total human rights infrastructure:all of the checks and balances needed to ensure that state institutions are accountable and fulfill their duty to respect, protect and uphold human rights2 essential elements of the NHRPSinternational human rights standards must be fully incorporated and reflected in national laws and policiesNational institutions and civil society should have the means, capacity and backing to implement and or oversee these laws and policies
3Civil society/Human rights Defenders The NHRPSInstitutionsJudiciaryLegislatureLaw enforcement agenciesAdministrative agenciesDomestic lawIntegration of international standardsSubject specific laws protecting human rightsPoliciesHuman rights education and and awareness programsNational action plansRights based approach in national programs and policiesCivil society/Human rights DefendersAccess and ability to contribute freely to the promotion and protection of HR
4The Lao PDR Country Context: International HR Instruments The Lao PDR is a party to six core human rights conventions and two optional protocols:International Covenant on Civil and Political Rights (ICCPR),International Covenant on Economic, Social and Cultural Rights (ICESCR),International Convention on the Elimination of All Forms of Racial Discrimination (ICERD),Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),Convention on the Rights of Persons with Disabilities (CRPD),Convention on the Rights of the Child (CRC)Optional Protocol regarding the Sale of Children, Child Prostitution and Child Pornography,Optional Protocol on the Involvement of Children in Armed Conflict.
5Lao PDR Country Context: The NHRPS The ConstitutionNational institutionsThe JudiciaryThe National AssemblyNational Human Rights CentreLao Bar AssociationLao Front for National ConstructionThe State Inspection AuthorityCentral and Provincial authoritiesLaw enforcement agenciesSpecific laws and decreesDecree on AssociationsThe Law on complaintsThe Law on mediaPolicy machinery
6The Challenges: Causality linkages The constraints of geography:The major part of country’s territory is mountainous and yet to be developed. Access is limitedThe legacy of warThe adverse effects of the destructive wars and armed conflicts, especially of UXO and other war remnants, constitute the major obstacle to the improvement of the living conditions of the people in remote rural areasPoor educational background of state officialspersistent lack of understandingEntrenched cultural beliefsimpact on healthLimited role for civil societythe Decree on Associations is little known and hardly encourages the formation and active engagement with civil society
7The Challenges: Causality Linkages Lack of a Rule of Law cultureLao PDR is a society in transitionAccess to basic information on lawsMembers of the public and state officials are sometimes not aware of laws the related to human rightsHuman resources constraintslimited capacity in almost all areas of state activityThe Issue of ‘sensitive rights’: basic freedoms eg:Freedom of speechFreedom of associationThe issue of minority rightsthe definition of minority remain a controversial point with implication for minority rights protectionReporting complianceCapacity issues undermines the complaince
8The Opportunities and Potential Points of Intervention An emerging culture of opennessThis allows for open and healthy discussions and debates on human rights issues and a greater willingness to consider human rights questionsThe acceptance of UPR RecommendationsThis creates a legitimate basis for positive advocacyA declared open commitment to the establishment of a Rule of State by 2020this further enhances legitimate expectations of the UN agencies and Development PartnersThe ratification of the ICCPRThis serves as an important point of reference and creates and appropriate basis for assistance to the Lao PDR to align its laws with ICCPR principles and rules.
9The Challenge to UNCT: ‘Delivering as One’ There is an increasing need to identify areas of synergies for coordination and concerted actionExample: Human trafficking:UNODCPoverty Reduction UnitUNICRIUNICEFUNIFEMILOWFPUXO unit