Electronic Theses and Dissertation
Universitas Syiah Kuala
NULL
UNITED NATIONS GENERAL ASSEMBLY RESOLUTION AND ITS IMPLEMENTATION BY NON-GOVERNMENTAL ORGANIZATIONS: A REVIEW OF SITUATION IN RAKHINE MYANMAR
Pengarang
AINNA KHAIRUNNISA - Personal Name;
Dosen Pembimbing
Nomor Pokok Mahasiswa
1703101010279
Fakultas & Prodi
Fakultas Hukum / Ilmu Hukum (S1) / PDDIKTI : 74201
Subject
Kata Kunci
Penerbit
Banda Aceh : Universitas Syiah Kuala., 2021
Bahasa
Indonesia
No Classification
-
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The Rohingya people have been subjected to gross human rights violation perpetrated by the Government of Myanmar for decades. This situation remains ongoing even after the International Court of Justice (ICJ) issued provisional measures during the proceeding of Myanmar’s prosecution by the Gambia before the court. In response to the situation, there have been several resolutions adopted by the UN General Assembly, including the UN General Assembly Resolution (UNGAR) A/RES/74/246 of 2019. One of the key players to implement the mandate of the UNGAR is the Non-Governmental Organizations (NGOs). However, the international legal standing of the NGOs has not yet been clearly established, resulting to several issues in their operation. Despite of the nonexistence of international legal status, Article 71 of the UN Charter has been acted as the basis of NGO operation.
This thesis aims to examine the eligibility of Article 71 of the UN Charter to provide legal standing for NGOs operation and to investigate the contributions of NGOs to the implementation of UNGAR 74/246.
The research employed normative-empirical method in which the data is obtained through both library and field research. The library research is conducted by studying books, public files on official website of the UN, writings from various parties and agencies. Meanwhile, the field research is carried out by interviewing NGOs staffs from Muslim Aid UK and Padi Global Asia to obtain on-site data regarding their contribution to implement the UNGAR.
The result of this study indicated that Article 71 of the UN Charter does not clarify legal standing of NGOs operation in the international sphere, particularly to implement the international human rights norms. However, the NGOs has played its role as mandated by the UNGAR, which are to investigate the gross human rights violation; to provide gender-based protection and assistance; and to assist Myanmar in providing humanitarian assistance to all internally displaced persons within Rakhine.
Based on the findings, it is recommended to implement the future agenda on NGOs legal standing set out by the panel appointed by the UN Secretary General at the forum “Strengthening of the United Nations: An Agenda for Further Change” in 2002. In addition, all stakeholders should cooperate to support the effectiveness of NGOs contribution and peace-building efforts in Rakhine.
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