Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Chapter 2.7: International Processes and Complaints Mechanisms
311
67
Op. cit., p. 2.
68
AA.VV. 1989-1990, pp. 1273-1305.; A.M. Sanz Hermida 1999, pp.
125-140; H.H. Jechek 1993.
69
An assessment, together with the practice, of European states in the
application of the principle of universal jurisdiction, from a human
rights based focus, can be found in Human Rights Watch, Universal
Jurisdiction in Europe. The State of the Art (Vol. 18, num. 5[D]), June
2006. Online: http://www.hrw.org/sites/default/files/reports/ij0606web.
pdf.
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“Given that the jurisdiction intervenes precisely in presence of
violations of law and, consequently, the more this increases, with the
obligations and prohibitions imposed on public power, the more the
area of possible illegalities expands, given that they are not only those
committed by common citizens but also, more and more, those commit
by people in positions of power” - L. Ferrajoli 2008, p. 208.
71
M. Milanovic 2008; A. Parrish 2008.
72
G. Ress 2002; J. Ross 2004, pp. 23-24; E. C. Gillard 2004, pp. 25-37;
M. Happold 2003; R. Wilde 2005; R. Wilde 2007,p. 504-526; J. Cerone
2005; M. Milanovic 2008.
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Clearly denoted, in this respect, is General Observation 12, The Right
to Adequate Food, Doc. UN E/C.12/1999/5, 12 May 1999, paragraph
20, when it states: “While only States are parties to the Covenant and
are thus ultimately accountable for compliance with it, all members of
society—individuals, families, local communities, non-governmental
organizations, civil society organizations, as well as the private business
sector—have responsibilities in the realization of the right to adequate
food. ”
74
Compare with the official literature, in the the reports of the Special
Rapporteur on the Situation of the Human Rights and Fundamental
Freedoms of Indigenous Peoples. From this we can deduce that indigenous
peoples are, systematically exposed to infringements of rights, in
the different forms as a result of the globalisation of capital. See: http://
www2.ohchr.org/spanish/issues/indigenous/rapporteur/.
75
A. Reinische 2005, p. 79. The Inter-American System of Human
Rights is much more explicit and detailed in establishing these international
obligations in the state, when talking about the obligation to act
with due diligence before, and for actions by, third parties and other
non-state actors. It also redefines the obligation on the part of the state,
with regard to human rights violations by other actors, to investigate
and of redress. As an extension and analogy of the perceived contents
in the human rights system of the OAS, which would function as general
principles of human rights, we could mention similar principles in
other regional arenas, such as the European one, on the protection of
human rights.