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United Nations - Office of Legal Affairs

Strategy for an Era of Application
of International Law - Action Plan

Adopted by the Senior Management Group and Approved by the Secretary-General, June 2000

Download Action Plan in PDF


9. Advocacy for Better Implementation of International Law
 
Action

A) The Secretary-General might wish to make use of his unique position to advocate the better implementation or application of international law. In order to enhance the effectiveness of this advocacy:

Particular attention should be drawn to the fact that there is a core group of human rights which must be respected at all times and in all circumstances and from which no derogation is permitted;

Whenever possible and appropriate, implementation of relevant obligations under international law should be made an issue in UN-brokered peace talks. Where feasible, mechanisms for monitoring compliance should be included in pertinent peace agreements;

Ensuring respect for international law, in particular for human rights and humanitarian law, should be an important element in peace-keeping operations and should, whenever possible and appropriate, be included in their mandates;

Where advocacy is undertaken in respect of concrete cases of non-compliance,reference should be made to the specific obligation respect for which is in question;

Advocacy should be undertaken in response, and with reference, to cases of actual or anticipated non-compliance, as well as in the abstract;

Besides Governments, target audiences should include, where relevant, non-State actors, including non-State parties to armed conflicts, and the private sector;

Advocacy should be consistent and should be seen to be principled and not to favouror disfavour particular States or groups of States.

B) In order better to coordinate the Secretary-General's initiatives with theirs, EOSG should strengthen arrangements with other offices, programmes and organizations which are involved in advocacy of this type (e.g. in the field of international humanitarian law, OHCHR,UNHCR, UNICEF and the ICRC).

C) Others could assist in this campaign.In particular:

The assistance of particular NGOs might be sought:
 To monitor compliance with treaties;

To draw the attention of the Secretariat and of Member States to cases of (anticipated) non-compliance;

To lobby Governments (and factions with de facto power) to implement their obligations under treaties;

To assist affected individuals and groups in taking legal action to secure compliance;
 

Example:

Useful models are provided by the cooperation that exists between NGOs and the Organization's human rights treaty bodies and the Commission on Human Rights.
 

Asa corollary, the Secretariat, Programmes, Funds and Agencies should uphold the right of NGOs, as well as of individuals, groups and associations,to take action to promote and secure the implementation of treaties;
 Note:

Relevant rights are largely set out in the recently adopted Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, annexed to General Assembly resolution 53/144 of 9 December 1998.
 

DPI might mobilise the news media to publicise significant breakthroughs in compliance with international law;

The Secretariat, Funds, Programmes and Agencies should, wherever possible,encourage States to incorporate appropriate transparency and monitoring mechanisms into treaty texts that they are negotiating.


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