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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
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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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