Part II National human rights institutions’ domestic activities and functions
NHRIs should also consider reviewing their State’s position on relevant regional instruments.214
The National Human Rights Commission of Bangladesh helped promote
the ratification of ILO Convention No. 169 by organizing a seminar focusing
on the Convention and its relevance to the rights of indigenous peoples.
A statement made by the Chairperson of the Commission, Professor
Mizanur Rahman, affirmed the link between respecting the rights of
indigenous peoples and a truly inclusive democracy: “True democracy
demands self identity and equal rights ensured to everyone. This is inclusive
democracy.”214
3. IMPLEMENTATION OF INTERNATIONAL TREATIES
The domestic protection afforded by international human rights treaties is determined by the legal and
political landscape of each State. States are generally divided into two categories:
• Monist (or self-executing), where treaties are directly incorporated into domestic law upon the
State becoming a party
• Dualist (or non self-executing), where the passage of implementing legislation is required to
incorporate international treaty obligations into domestic law.215
NHRIs that operate in dualist States should advocate for enabling legislation to incorporate international
obligations domestically. The lobbying strategy can be similar to that outlined in relation to becoming
a party to human rights treaties. Technical advice could also be offered by NHRIs in drafting, or in
reviewing drafts, of such legislation. 216217
In 2007, the National Human Rights Commission of Nepal organized
a workshop on indigenous peoples’ rights and international treaties.
Workshop participants, including representatives from indigenous peoples’
organizations, urged the Government to ratify ILO Convention No. 169.216
Nepal ratified ILO Convention No. 169 in September 2007. Since that time,
the Commission has promoted the implementation of the Convention,
including reviewing the State party report on ILO Convention No. 169.217
The domestic incorporation of human rights treaties will have a disproportionately positive effect for
indigenous peoples because of their vulnerability to human rights violations. It should be noted that
legislative incorporation of ILO Convention No. 169 will particularly benefit indigenous peoples because
of its specific focus on indigenous peoples.
214
National Human Rights Commission of Bangladesh, National seminar on ILO convention 169 and human rights of indigenous
peoples in Bangladesh, Dhaka, Bangladesh, 8 June 2011. Further information is available at www.nhrc.org.bd/PDF/seminar%20
on%20169.pdf.
215
A State’s legal and political system will determine whether it is a monist of a dualist State. See The International Covenant on Civil
and Political Rights: Cases, Materials and Commentary (2nd ed.); S. Joseph, J. Schultz and M. Castan, eds. (2004); p. 14.
216
National Human Rights Commission of Nepal, NHRC e-bulletin, Vol. 5, No. 3 (13 June 2007), p. 4, available at http://nhrcnepal.
org/nhrc_new/doc/newsletter/Ebulletin-Vol5-5.pdf.
217
Response to OHCHR questionnaire on possible good practices in addressing the rights of indigenous peoples.
Chapter 8: Promoting domestic compliance with the Declaration | 75