Declarations EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
K. Exchange of Notes
An “exchange of notes” is a record of a routine agreement that has many similarities with the private law contract. The agreement consists of the exchange of two documents, each of the parties being in the possession of the one signed by the representative of the other. Under the usual procedure, the accepting State repeats the text of the offering State to record its assent. The signatories of the letters may be government Ministers, diplomats or departmental heads. The technique of exchange of notes is frequently resorted to, either because of its speedy procedure, or, sometimes, to avoid the process of legislative approval.V. GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
A. Adoption
“Adoption” is the formal act by which the form and content of a proposed treaty text are established. As a general rule, the adoption of the text of a treaty takes place through the ex- pression of the consent of the states participating in the treaty-making process. Treaties that are negotiated within an international organization will usually be adopted by a resolution of a representative organ of the organization whose membership more or less corresponds to the potential participation in the treaty in question. A treaty can also be adopted by an international conference which has specifically been convened for setting up the treaty, by a vote of two thirds of the states present and voting, unless, by the same majority, they have decided to apply a differ- ent rule. [Art.9, Vienna Convention of the Law of Treaties 1969]B. Acceptance and Approval
The instruments of “acceptance” or “approval” of a treaty have the same legal effect as ratifi- cation and consequently express the consent of a state to be bound by a treaty. In the practice of certain states acceptance and approval have been used instead of ratification when, at a national level, constitutional law does not require the treaty to be ratified by the head of state. [Arts.2 1 b and 14 2, Vienna Convention on the Law of Treaties 1969]C. Accession
“Accession” is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by other states. It has the same legal effect as ratifica- tion. Accession usually occurs after the treaty has entered into force. The Secretary-General of the United Nations, in his function as depositary, has also accepted accessions to some conven- tions before their entry into force. The conditions under which accession may occur and the pro- cedure involved depend on the provisions of the treaty. A treaty might provide for the accession of all other states or for a limited and defined number of states. In the absence of such a provi- sion, accession can only occur where the negotiating states were agreed or subsequently agree on it in the case of the state in question. [Arts.2 1 b and 15, Vienna Convention on the Law of Treaties 1969]Parts
» BACKGROUND UNDRIP MANUAL FINAL AIPP
» THE DECLARATION UNDRIP MANUAL FINAL AIPP
» The 24 Preambular Paragraphs THE CONTENT
» The 46 Operaional Aricles THE CONTENT
» The Provisions Of The UNDRIP By Themaic Area
» Introduction EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Signatories and Parties Treaties
» Agreements Conventions EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Charters Protocols EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Declarations EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Exchange of Notes Memoranda Of Understanding
» Adoption GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Acceptance and Approval GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Accession GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Amendment GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Authentication GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Correction of Errors GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Declarations GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Entry into Force Definitive Signature
» Exchange of LettersNotes Definitive Signature
» Full Powers Definitive Signature
» Ratification Registration and Publication Reservation
» Signature Subject to Ratification, Acceptance or Approval
» Right to self-determination Deiniion of terms and scope
» Right to self-government Deiniion of terms and scope
» National and international contexts
» Essence Deiniion of terms and scope
» Core Aricles UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT
» Related Aricles UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT
» General Situaion REALITIES ON THE GROUND
» Right to self-determination Laws and Policies Related to the Recogniion of the Right
» Right to self-government Laws and Policies Related to the Recogniion of the Right
» Treaties Laws and Policies Related to the Recogniion of the Right
» The right to self-determination
» Examples in the Asian setting: Examples from outside Asia:
» Examples in the Asian setting: Example from outside Asia:
» Examples in the Asian setting:
» Other medium-level examples within Asia are:
» At the international and national levels
» Challenges regarding strategies Needs, Capaciies, Strategies
» Chittagong Hill Tracts, Bangladesh
» Deiniion of Terms INTRODUCTION
» Core Aricles UNDRIP PROVISIONS FOR FPIC
» Related Aricles UNDRIP PROVISIONS FOR FPIC
» REALITIES ON THE GROUND; EXPERIENCES AND LESSONS LEARNED
» Needs, Capaciies, Strategies CHALLENGES
» Implementaion and Monitoring CHALLENGES
» Definition of terms Background
» Core Aricles UNDRIP PROVISIONS RELATED TO CUSTOMARY LAW
» Related Aricles UNDRIP PROVISIONS RELATED TO CUSTOMARY LAW
» Laws and Policies Related to the Recogniion of the Right
» Challenges in Implementaion REALITIES ON THE GROUND
» Advocacy and Lobbying Related to the Right
» Acion and Mobilizaion to Defend Rights
» Actual Exercise of the Right
» Needs, Capaciies, Strategies Implementaion Monitoring
» Land is the basis of livelihood.
» Territorial rights Non-recognition by the state
» Indigenous peoples’ customary law and state law
» Opional Secion Indigenous peoples’ systems of resource management and conservaion
» Core Aricles UNDRIP PROVISIONS ON RIGHTS TO LAND, TERRITORY RESOURCES
» On the right to redress for past injustices
» On the right to means of subsistence and to development
» On the recognition of indigenous peoples’ conservation and protection of the environ- ment
» On land, territory, resources and the right to self-determination
» Challenges in having good laws and policies implemented
» Actual Exercise of Land-resource Rights Within the Exising Government Frame- work
» Advocacy and lobby EXPERIENCES AND LESSONS LEARNED
» Asserive Acion and Mobilizaion
» Challenges regarding needs: Needs, capacities, strategies
» Challenges regarding capacities Needs, capacities, strategies
» Challenges regarding strategies Needs, capacities, strategies
» Implementation SOME GUIDANCE FOR THE TRAINERS
» Monitoring SOME GUIDANCE FOR THE TRAINERS
» Culture as Basic Component of Indig- enous Idenity
» The Cultural Rights of Indigenous Peoples
» Cultural Rights in Internaional Instruments Prior to UNDRIP
» In the Succeeding Articles Article 8
» The erosion, degradation, or destruc- tion of indigenous cultures
» Plunder and exploitation of indigenous culture
» Laws and Policies, Good and Bad
» EXPERIENCES AND LESSONS LEARNED
» Some Suggested Strategies CHALLENGES
» Development aggression Mainstream Development Issues
» Loss of both food sovereignty and subsistence security
» Vulnerability to exploitation Market integration
» Degradation of land and other natural resources, disruption of ecosystem balance
» Migration and human resource deple- tion.
» The question of human development
» The human rights-based approach to development
» The concept of sustainable development
» Indigenous economic systems Mainstream Development Issues
» Traditional occupations Mainstream Development Issues
» Traditional healing Mainstream Development Issues
» Indigenous knowledge Mainstream Development Issues
» Traditional education Mainstream Development Issues
» Access to mainstream education, information and mass media
» Socio-cultural continuity Mainstream Development Issues
» Comprehensive Provisions on Devel- opment
» Speciic Provisions on Health
» Speciic Provisions on Indigenous Knowledge, Educaion, Informaion and Mass Media
» Development aggression General Situaion
» Market integration General Situaion
» Indigenous economy and culture
» Laws and Policies REALITIES ON THE GROUND
» EXPERIENCES UNDRIP MANUAL FINAL AIPP
» Forced migration Forms of Migraion
» Temporary migration Voluntary migration
» Seasonal migration Voluntary migration
» Permanent migration Voluntary migration
» Seeking peace: migration to escape oppression and violence
» Eking out a living: migration to escape poverty
» Cross-border migration: lack of legal status
» Urban migration: alienation and assimilation
» Life away from home: how indigenous migrants adapt to their new environment
» The Issue of Indigenous Territories Divided by Internaional Borders
» On ciizenship UNDRIP PROVISIONS RELATED TO MIGRATION BY INDIGENOUS PEOPLES
» Relocation Laws and Policies on the Rights of Migrants 1. Citizenship and immigration laws
» How Rights are Respected or Violated CHALLENGES IN HAVING GOOD LAWS AND POLICIES IMPLEMENTED
» Challenges regarding capacities: Challenges regarding strategies:
» Implementation Monitoring Some Guidance for the Trainers
» Scope and Deiniion of Militarizaion
» Universal Declaration of Human Rights 1948 Article 1
» Convention on Civil and Political Rights
» Vienna Declaration and Programme of Action, July 1993 Part I
» Aricles UNDRIP PROVISIONS ON HUMAN RIGHTS AND MILITARIZATION A. Preamble
» General Situation REALITIES ON THE GROUND
» Negative laws NATIONAL LAWPOLICY
» Positive laws NATIONAL LAWPOLICY
» Positive laws are not implemented or only passively, while negative laws are more
» Conflicts between national and local governments. Conflicts commonly exist between
» Persistent militarist mindset. A persistent militarist mindset continues to exist not only
» Particular defects as well as openings in the legal and judicial system. In each coun-
» Advocacy, Collecive and Asserive Ac- ions
» Actual Exercise of Human Rights
» Lessons Learned EXPERIENCES AND LESSONS LEARNED
» Conlict of Naional Laws with Inter- naional Laws
» Government Programs in Conlict with Human Rights
» Weaknesses in the Judicial System
» INTRODUCTION UNDRIP MANUAL FINAL AIPP
» UNDRIP PROVISIONS FOR THE SPECIAL SECTORS
» National laws on special sectors
» Women EXPERIENCES AND LESSONS IN ASSERTING RIGHTS
» Know our rights Lessons Learned
» Organizing and self-organization Lessons Learned
» Collective action to demand, protect and defend our rights
» Lobby and advocacy work to pressure government to recognize and respect our rights
» What do you think are the challenges faced by
» Capacity building to overcome discrimination and awareness-raising on their rights.
» Gauge the Poliical Situaion:
» Assess the condiion of your campaign machinery:
» Informaion and Educaion BASIC COMPONENTS OF A CAMPAIGN
» Mass Mobilizaion, Mass Acion
» Deine clearly: OUTLINING A CAMPAIGN PLAN
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