Challenges in Implementaion REALITIES ON THE GROUND

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP Philippine societies, both indigenous and non-indigenous, are largely bilineal. But in many of them, such as the Kalinga in the Northern Luzon Cordillera, it is also assumed that the young- est daughter will inherit the parental homestead. This is because it is also assumed that, even after she marries and establishes a family of her own, the youngest daughter, along with her fam- ily, will stay with her parents to take care of them through old age, until their death. She will thus “earn” the homestead. This may be regarded as a case of “equity” but can also be seen as a case of “inequality” inasmuch as it limits the life choices of the youngest daughter whereas the other children are free to go and do as they will.

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- gladesh

B. 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-3