How Rights are Respected or Violated CHALLENGES IN HAVING GOOD LAWS AND POLICIES IMPLEMENTED

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 3.Trans-border relations Are there indigenous people in the participants’ country whose traditional territory have been divided by the boundaries between the nation and its neighbor countries? If so, do the members of the indigenous people have the freedom to move around their traditional territory, and relate with fellow-members across the international boundaries?

C. CHALLENGES IN HAVING GOOD LAWS AND POLICIES IMPLEMENTED

One illustrative example is the Inner Line Regulation in Northeast India affecting Na- galand, Mizoram, Manipur, Arunachal, and Meghalaya. Discuss examples of good laws or policies but weak implementations. Suggested Method Gaps Analysis UNDRIP NATIONAL OR GAPS CONSIDERATIONS OPTIONS PROVISIONS ON LOCAL LAWS IMPLICATIONS RECOMMENDATIONS MIGRATION AND OR POLICIES TRANS-BORDER ISSUES Paragraph or Specific laws, Specific laws, Can current laws, What needs to be Article number policies policies NOT policies be used to done? How? By conforming conforming support indigenous whom? Where? with UNDRIP with UNDRIP peoples’ positions When? For how or interests? Are long? there loopholes in the law that can be used for or against indigenous peoples? Should the matter be approached legally? Citizenship and Immigration Articles 6, 9 33 Relocation Article 10 Trans-border Issues Article 36 Module-7 158 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP

IV. EXPERIENCES AND LESSONS LEARNED

1. Successful migration by indigenous peoples. 2. Successful resistance to forced migra- tion, or successful negotiation of just terms regarding relocation with free, prior, informed consent.

V. CHALLENGES

A. Three Levels of Challenges

1. Needs, capacities and proposed strate- gies for promoting compliance with UNDRIP provisions on the rights of indigenous peoples to citizenship, protection from forced reloca- tion and cross-border relations in their par- ticular country; 2. The implementation of the said strate- gies; and 3. The monitoring of this implementa- tion.

B. Some Guidance for the Trainers

1. Needs, capacities, strategies

Needs, capacities and strategies will of course vary between communities, indigenous peo- ples and countries.

a. Challenges regarding needs:

How well do the communities and their leaders know the national laws related to citizen- ship, and the laws regulating cross-border relations? Is there a need to provide more and better information? This means information material that is culturally appropriate and easily acces- sible popular booklets, videos etc. If people know their rights, how well are these rights recognized? Do they have citizenship? Are they able to contact other communities of their people living across the border? Do they know and have access to the government agencies in charge of providing ID cards or other rel- evant matters? If their rights are violated, i.e. for example if citizenship is denied, do they know how to re- spond? What are the ways to respond? Ask the participants to give any examples they know about the two topics listed be- low. Suggested Method This final section should be a participa- tory process of envisioning and identifi- cation for the particular context of the participants. Discuss with the participants the three levels of challenges see below. Split up the participants into workshop groups, and have them do poster presen- tations afterwards, in plenary. Suggested Method Module-7 159 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP Do they need help? Do they know who can help legal aid groups, advocacy and support or- ganizations, lawyers, Human Rights Commissions etc.?

b. Challenges regarding capacities:

In order to address the needs identified above, communities and their leaders need specific knowledge and skills. Are your communities and leaders able to address the needs identified above? What are their strengths, what are their weaknesses? What is needed to increase their capacities? What kind of capacity building training, ex- change, exposure do they need? Who can provide these?

c. Challenges regarding strategies:

If laws are either absent or defective, insufficient or inappropriate, what can be done to ad- dress the problem? Indigenous peoples and their communities, leaders and organizations need to develop joint strategies for this. The UNDRIP can help them raise the issue and push govern- ments to acknowledge the need for legal reform. The trainer can provide inputs on advocacy and lobbying strategies at different levels, i.e. local, national and international. A first step can be a thorough review of existing laws and policies to identify the gaps and needs for changes, amendments, or entirely new laws and policies. Building alliances among indigenous peoples, and with support groups and supportive indi- viduals, like lawyers and legal aid and advocacy groups, is crucial. Gaining the attention of the public through media can help, not only to build up pressure on governments, but also to provide protection to leaders in politically repressive countries. On the other hand, too much publicity may be counterproductive, exposing leaders and their orga- nizations too much. The appropriate balance depends entirely on the political context they are working in. Using not only the UNDRIP but other international human rights mechanisms Human Rights Council, the UN Special Rapporteurs, or Treaty Bodies like the Committee on the Elimination of Racial Discrimination, the Covenant on Civil and Political Rights, the Covenant on Economic, So- cial, and Cultural Rights, etc. can help build up pressure on national governments. Trainers should know the basic laws and policies of the country related to citizenship, migration and trans-border issues. Note to trainers Module-7 160