human rights

CORE DOMAIN V: HUMAN RIGHTS

To reflect status and trends in the recognition, respect and promotion of IPs’ rights as citizens and as a special category of right-holders provided by a number of international human rights instruments, laws, protocols and conventions including the UNDRIP.

Baseline

Indicator

Tool

EXISTING POLICIES

  • Identifying international instruments ratified by states
  • National laws and policies providing for recognition and protection of IP rights
  • National operationalization and implementation of customary law
  • # of community members aware of  policies;
  • # of implementing laws
  • # of policies implemented at the community level;
  • levels of assertion of rights;
  

Conflicting policies and programmes) with respect to IPs’ rights (vs. customary law and practice)
  • # of  collective/individual cases emerged from the conflict;
  • No of  VAW case;
  • Rate of cases resolved ( customary and/or formal legal system)
  

C) Access to Public Social  Services Including Financial Resources:

  • access  ( measured  against  appropriate information physical/geographical location, cost and quality,  sensitive to IPs; culturally appropriate);
  • equality/equity ;fair distribution(measured against discrimination);
  • access to information and how much information do women possess
  • # of individuals accessing  available services/sources ( disaggregated by sex, age and type of services);
  • no. of individuals aware that public services are basic rights and are / should be available
  • number of people trained by government
  

a)    Respect of HR within IP communities:

  • discrimination and violence; who defines what practice is discriminatory or impedes HR
  • Cultural/traditional practices/laws that impacts on human rights (e.g denial of property inheritance for women; violence to girls and women, preferential treatments for men and discriminatory culture against women
  • no. of cases filed/resolved in customary law;
  • # cases filed in legal court;
  • stories; narrative accounts of human rights violations and/resolutions
  • Status of Girls and women enjoyment of rights within the traditional set-up
  

b)    Access to Justice:

  • Customary and formal legal system;
  • recognition by the formal legal system of the customary justice system  ( legal pluralism)
  • equitable access;
  • # cases actually filed; resolved; emerging jurisprudence or court rulings in favour of IPs rights
  • Level of satisfaction when justice is provided
  
Category: 5 Core Domains