by Eva Shaw, PBB Intern
As awareness and knowledge continues to grow regarding the global burden of disease attributable to mental health problems, researchers, communities, agencies and governments search for large scale solutions that promote improved quality of life, especially for populations impacted by war and disasters. Models include microcredit provision, promoting community social support and self-efficacy, or the training and implementation of integrated care programs within existing health systems. Part of that search involves understanding how the world of health policy interfaces with international mental health efforts. PBB is likewise interested in mental health policy, recently adding “Policy Development” pages to their website.
In the spirit of inquiry, I offer the following case as an example to consider how international treaties can serve as tools to protect the health of peoples around the world.
While I was a student of public health policy and management at the University of Arizona, Tucson during 2005-2006, I planned a lecture series for students and faculty interested in international health. As part of the series, and due to my own curiosity in international health policy, I invited a student of Professor James Anaya and the Indigenous People’s Law and Policy Program to speak to the group at my home.
Professor Anaya is a renowned lawyer whose work aims to protect the land and rights of indigenous peoples around the world; he was appointed in 2008 to serve as the United National Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples. During the presentation given by his student Leonardo Alvarado, now an assistant professor of indigenous studies at Northern Arizona University, we learned of the Awas Tingni versus Nicaragua case. In their article, “The Protection of Indigenous Peoples’ Rights over Lands and Natural Resources under the Inter-American Human Rights System” professors Anaya and Willams (2001) discuss how the promulgation of treaties since the International Labour Convention No. 107 of 1957 leading up to the Declaration of the Rights of Indigenous Peoples, along with the indigenous peoples’ rights movement, created standards and discourse which today influence other U.N. committees and processes. Such bodies are the U.N. Committee for Human Rights, the U.N. Committee for the Elimination of Racial Discrimination, as well as the World Bank, the Inter-development Bank and domestic legal agencies working for indigenous peoples’ rights. These developments “reflect the ever increasing interdependencies, ever improving communication technologies and burgeoning international institutions that characterize the contemporary international system and its human rights regime…” (p. 35.) The United Nations Committee on Human Rights as well as the Organization of American States (OAS) Inter-American Commission on Human Rights (which serves to protect indigenous peoples’ rights in Latin America) have taken numerous complaints and investigated cases on behalf of indigenous peoples. The Awas Tingni case was the first case that the OAS actually prosecuted, to protect the Nicaraguan Mayagna and Miskito indigenous groups’ rights to their land despite logging claims by the Nicaraguan government (and a contracted Korean corporation). Because the Nicaraguan government had during a previous administration become party to the American Convention on Human Rights, it was determined that the disputing administration was still required to abide by its tenets. Significantly, following the ruling, for the first time the World Bank conditioned delivery of an aid package on the outcome of the case, specifically for the Nicaragua government to develop a plan demarcating the lands belonging to the Mayagna and Miskito tribes in order to receive their aid.
After the presentation, the group at my home discussed whether the Nicaragua ruling could serve as a template to protect international health. Could, for example, United Nations or regional courts take complaints from human rights bodies or community representatives regarding health-related violations of the U.N. Convention on the Rights of a Child, to which 193 countries are party (not including the United States)? Or, could complaints be submitted to protect the health of women according to the Convention on the Elimination of All Forms of Discrimination against Women, signed by 186 countries (and signed but not ratified by the United States)? How about the Convention on the Rights of Persons with Disabilities (68 parties, signed but not ratified by the U.S.)? Or, the International Covenant on Economic, Social and Cultural Rights (160 parties, signed but not ratified by the U.S.), including Article 12 which states, “the States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”? Could it be possible that through the organization of appropriate legal bodies, governments could be held accountable to support the mental health of peoples around the world? The Awas Tingni case is a remarkable advancement regarding the use of international treaties to protect indigenous peoples’ well-being. One wonders if there will be a time when other rights, such as health and mental health will be protected via international law and policy, as well.
For more information, see:
International Human Rights Instruments
http://www2.ohchr.org/english/law/
The United Nations Treaty Collection: Treaty reference guide http://untreaty.un.org/English/guide.pdf
Anaya, J. & Williams, R.A. (2001). The Protection of Indigenous Peoples’ Rights Over Lands and Natural Resources Under the Inter-American Human Rights System, The Harvard Journal of Human Rights, (14) 33.
The University of Arizona Indigenous Peoples’ Law and Policy Program http://www.law.arizona.edu/depts/iplp/index.cfm
Eva Shaw, MPH is a PBB intern and a graduate student of clinical social work at University of Texas, Austin.






