Challenges in Mainstreaming UNGP BHR
The first challenge in mainstreaming the UNGP BHR is insufficient
knowledge and awareness on the part of government, business, and even civil
society. Only a small group of stakeholders per country is active in UNGP BHR
activities. In particular, business sector involvement in the conversation needs to
be expanded.
In Nepal and Bangladesh, CSOs have just begun to engage their
respective NHRIs on awareness building and initial planning activities. In the
Philippines, CSOs and the NHRI have already done some amount of awarenessbuilding, advocacy and even policy work, but the PHRC has yet to draft a NAP.
There is also some progress in Indonesia, where the country’s NHRI - Komnas
HAM - has already drafted a NAP on BHR. However, Komnas HAM has only
recommendatory powers, and more initiative is needed from the government.
In India, the government has embarked on some BHR discussions as well, but
the effectiveness and independence of the NHRC has been questioned. Perhaps
Cambodia is in the most challenging situation, since the country does not even
have an NHRI. All told, only one country (Indonesia), has drafted a NAP, and most
of the CSO engagements with NHRIs/NHRCs are at the initial stages.
The general drift towards authoritarianism in Asia (and worldwide as well),
also presents a challenging backdrop against which to promote the UNGP BHR.
In Cambodia and the Philippines, democracy and human rights have taken
major steps backward, and intolerance is also on the rise in India. In all of the six
countries studied, repressive measures continue to be employed against rural
communities and land rights defenders.
Recommendations
The following table details the recommendations for mainstreaming
the UNGP BHR at the regional (Asian) level. These recommendations were
put forward during the regional workshop “Engaging National Human Rights
Institutions Toward the Promotion of Land Rights as Human Rights” held on 15-16
November 2018 in Bangkok, Thailand.
ANGOC and KPA
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