Challenges in Implementaion REALITIES ON THE GROUND
IV. EXPERIENCES AND LESSONS LEARNED
A. Advocacy and Lobbying Related to the Right
Here are some examples of best practices on customary resource rights from different parts of the world: INDIA. Naga, Mizo rights in the constitution of India. The recognition of land rights and reli- gious and social customs of indigenous peo- ples of Northeast India Mizos and Naga, for example in the Constitution of India can be brought in here. [Article 371A for Nagaland, and article 371G for Mizoram. Their provisions are al- most identical. Article 371A was inserted through the Constitution 13th Amendment Act, 1962, while article 371G was introduced through the Constitution 53rd Amendment Act, 1986.] INDIA. Autonomous District And Regional Councils, Northeast India. Sixth Schedule to the Constitution of India Article 2442 and 2751. Autonomous District Councils “ADCs” and “Regional Councils” in Northeast India are an example of a semi autonomous unit within an autonomous state province to accommodate indigenous peoples a measure of autonomy from the state in which their group may not form a numerical majority and thus be marginalized. ADCs’ authority over land and customary law is recognized. For administration of justice in- volving customary law, ADCs’ are authorized to establish their own courts. Thus this is a form of indigenous juridical autonomy, juridical because it covers both legislative and judicial matters. PHILIPPINES. Indigenous Peoples Rights Act IPRA. For customary resource rights – again, with necessary caveats – IPRA, Philippines may also be mentioned. Challenges and difficulties include i inadequate funding of the National Commis- sion on Indigenous Peoples NCIP, ii slow pace of provision of titles; iii conflicting traditions and customs between communities, etc. Ask the participants to give examples they know about good practices and learning experiences in the assertion or exercise of the right to observe customary law, in the fields of: • Advocacy and lobbying for the state and other non-state actors to recog- nize and respect customary law; • Action and mobilization to defend the said rights; • Actual exercise of the said rights. Suggested Method 61 Module-3 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP AOTEROA NEW ZEALAND. Waitangi Tribunal. Again, with caveats, the Waitangi Tribunal in Aoteroa New Zealand may be mentioned. Here too challenges remain with regard to the resolution of claims on account of evidential mat- ters, logistics, bureaucratic procedures, discrimination, etc. Others. Some of the best practices from the Module on Land, Territory and Resources may also be mentioned: • PACOS Land Rights, Sarawak • Nepal Community Forestry • Forest Rights Act, India • Movement for the Protection of Forest and Land Rights in the Chittagong Hill Tracts, Ban- gladeshB. Acion and Mobilizaion to Defend Rights
INDIA. JJBA, Jharkand see section on Land, Territory and Resources BANGLADESH Movement former Committee for the Protection of Forest and Land Rights in the Chit- tagong Hill Tracts; The movement spearheaded a reasonably successful campaign to resist in- dustry-oriented mono plantations in the name of “social forestry” that were to have been funded by the Asian Development Bank and the Government of Bangladesh. The struggle still continues in courts of law and outside as a process of creating new “reserved forests” out of community lands is still to be formally resolved. NORTH EUROPE Saami advocacy for Nordic Saami Convention. JAPAN Nibutani Dam Case of the Ainu People in Sapporo District, Hokkaido, Japan. This case recog- nized the Ainu people’s right to the land and also recognized them as an indigenous people. This was a turning point in the Ainu struggle against discrimination and for equal rights. REFERENCES Judgment of the Sapporo District Court, Civil Decision No. 3, issued March 27, 1997, 1598 Hanrei Jiho 33; 938 Hanrei Times 75, 38 International Legal Materials 394 1999. Tahara, Kaori. 1999. “Nibutani Dam Case” in Indigenous Law Bulletin, University of South Wales Indigenous Law Centre, AugustSeptember 1999 International Issue: 18-20. Roy, Raja Devasish. 2005. Traditional Customary Laws and Indigenous Peoples in Asia London: Minority Rights Group International: 11. 62 Refer to materials from the Madrid Seminar on Special Mecha- nisms for Indigenous Peoples, some of which are enclosed in the CD which accompanies this manual. Note to trainers Module-3Parts
» BACKGROUND UNDRIP MANUAL FINAL AIPP
» THE DECLARATION UNDRIP MANUAL FINAL AIPP
» The 24 Preambular Paragraphs THE CONTENT
» The 46 Operaional Aricles THE CONTENT
» The Provisions Of The UNDRIP By Themaic Area
» Introduction EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Signatories and Parties Treaties
» Agreements Conventions EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Charters Protocols EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Declarations EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Exchange of Notes Memoranda Of Understanding
» Adoption GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Acceptance and Approval GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Accession GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Amendment GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Authentication GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Correction of Errors GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Declarations GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Entry into Force Definitive Signature
» Exchange of LettersNotes Definitive Signature
» Full Powers Definitive Signature
» Ratification Registration and Publication Reservation
» Signature Subject to Ratification, Acceptance or Approval
» Right to self-determination Deiniion of terms and scope
» Right to self-government Deiniion of terms and scope
» National and international contexts
» Essence Deiniion of terms and scope
» Core Aricles UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT
» Related Aricles UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT
» General Situaion REALITIES ON THE GROUND
» Right to self-determination Laws and Policies Related to the Recogniion of the Right
» Right to self-government Laws and Policies Related to the Recogniion of the Right
» Treaties Laws and Policies Related to the Recogniion of the Right
» The right to self-determination
» Examples in the Asian setting: Examples from outside Asia:
» Examples in the Asian setting: Example from outside Asia:
» Examples in the Asian setting:
» Other medium-level examples within Asia are:
» At the international and national levels
» Challenges regarding strategies Needs, Capaciies, Strategies
» Chittagong Hill Tracts, Bangladesh
» Deiniion of Terms INTRODUCTION
» Core Aricles UNDRIP PROVISIONS FOR FPIC
» Related Aricles UNDRIP PROVISIONS FOR FPIC
» REALITIES ON THE GROUND; EXPERIENCES AND LESSONS LEARNED
» Needs, Capaciies, Strategies CHALLENGES
» Implementaion and Monitoring CHALLENGES
» Definition of terms Background
» Core Aricles UNDRIP PROVISIONS RELATED TO CUSTOMARY LAW
» Related Aricles UNDRIP PROVISIONS RELATED TO CUSTOMARY LAW
» Laws and Policies Related to the Recogniion of the Right
» Challenges in Implementaion REALITIES ON THE GROUND
» Advocacy and Lobbying Related to the Right
» Acion and Mobilizaion to Defend Rights
» Actual Exercise of the Right
» Needs, Capaciies, Strategies Implementaion Monitoring
» Land is the basis of livelihood.
» Territorial rights Non-recognition by the state
» Indigenous peoples’ customary law and state law
» Opional Secion Indigenous peoples’ systems of resource management and conservaion
» Core Aricles UNDRIP PROVISIONS ON RIGHTS TO LAND, TERRITORY RESOURCES
» On the right to redress for past injustices
» On the right to means of subsistence and to development
» On the recognition of indigenous peoples’ conservation and protection of the environ- ment
» On land, territory, resources and the right to self-determination
» Challenges in having good laws and policies implemented
» Actual Exercise of Land-resource Rights Within the Exising Government Frame- work
» Advocacy and lobby EXPERIENCES AND LESSONS LEARNED
» Asserive Acion and Mobilizaion
» Challenges regarding needs: Needs, capacities, strategies
» Challenges regarding capacities Needs, capacities, strategies
» Challenges regarding strategies Needs, capacities, strategies
» Implementation SOME GUIDANCE FOR THE TRAINERS
» Monitoring SOME GUIDANCE FOR THE TRAINERS
» Culture as Basic Component of Indig- enous Idenity
» The Cultural Rights of Indigenous Peoples
» Cultural Rights in Internaional Instruments Prior to UNDRIP
» In the Succeeding Articles Article 8
» The erosion, degradation, or destruc- tion of indigenous cultures
» Plunder and exploitation of indigenous culture
» Laws and Policies, Good and Bad
» EXPERIENCES AND LESSONS LEARNED
» Some Suggested Strategies CHALLENGES
» Development aggression Mainstream Development Issues
» Loss of both food sovereignty and subsistence security
» Vulnerability to exploitation Market integration
» Degradation of land and other natural resources, disruption of ecosystem balance
» Migration and human resource deple- tion.
» The question of human development
» The human rights-based approach to development
» The concept of sustainable development
» Indigenous economic systems Mainstream Development Issues
» Traditional occupations Mainstream Development Issues
» Traditional healing Mainstream Development Issues
» Indigenous knowledge Mainstream Development Issues
» Traditional education Mainstream Development Issues
» Access to mainstream education, information and mass media
» Socio-cultural continuity Mainstream Development Issues
» Comprehensive Provisions on Devel- opment
» Speciic Provisions on Health
» Speciic Provisions on Indigenous Knowledge, Educaion, Informaion and Mass Media
» Development aggression General Situaion
» Market integration General Situaion
» Indigenous economy and culture
» Laws and Policies REALITIES ON THE GROUND
» EXPERIENCES UNDRIP MANUAL FINAL AIPP
» Forced migration Forms of Migraion
» Temporary migration Voluntary migration
» Seasonal migration Voluntary migration
» Permanent migration Voluntary migration
» Seeking peace: migration to escape oppression and violence
» Eking out a living: migration to escape poverty
» Cross-border migration: lack of legal status
» Urban migration: alienation and assimilation
» Life away from home: how indigenous migrants adapt to their new environment
» The Issue of Indigenous Territories Divided by Internaional Borders
» On ciizenship UNDRIP PROVISIONS RELATED TO MIGRATION BY INDIGENOUS PEOPLES
» Relocation Laws and Policies on the Rights of Migrants 1. Citizenship and immigration laws
» How Rights are Respected or Violated CHALLENGES IN HAVING GOOD LAWS AND POLICIES IMPLEMENTED
» Challenges regarding capacities: Challenges regarding strategies:
» Implementation Monitoring Some Guidance for the Trainers
» Scope and Deiniion of Militarizaion
» Universal Declaration of Human Rights 1948 Article 1
» Convention on Civil and Political Rights
» Vienna Declaration and Programme of Action, July 1993 Part I
» Aricles UNDRIP PROVISIONS ON HUMAN RIGHTS AND MILITARIZATION A. Preamble
» General Situation REALITIES ON THE GROUND
» Negative laws NATIONAL LAWPOLICY
» Positive laws NATIONAL LAWPOLICY
» Positive laws are not implemented or only passively, while negative laws are more
» Conflicts between national and local governments. Conflicts commonly exist between
» Persistent militarist mindset. A persistent militarist mindset continues to exist not only
» Particular defects as well as openings in the legal and judicial system. In each coun-
» Advocacy, Collecive and Asserive Ac- ions
» Actual Exercise of Human Rights
» Lessons Learned EXPERIENCES AND LESSONS LEARNED
» Conlict of Naional Laws with Inter- naional Laws
» Government Programs in Conlict with Human Rights
» Weaknesses in the Judicial System
» INTRODUCTION UNDRIP MANUAL FINAL AIPP
» UNDRIP PROVISIONS FOR THE SPECIAL SECTORS
» National laws on special sectors
» Women EXPERIENCES AND LESSONS IN ASSERTING RIGHTS
» Know our rights Lessons Learned
» Organizing and self-organization Lessons Learned
» Collective action to demand, protect and defend our rights
» Lobby and advocacy work to pressure government to recognize and respect our rights
» What do you think are the challenges faced by
» Capacity building to overcome discrimination and awareness-raising on their rights.
» Gauge the Poliical Situaion:
» Assess the condiion of your campaign machinery:
» Informaion and Educaion BASIC COMPONENTS OF A CAMPAIGN
» Mass Mobilizaion, Mass Acion
» Deine clearly: OUTLINING A CAMPAIGN PLAN
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