Weaknesses in the Judicial System

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 182 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 183 Special Sectors Prepared by Jacqueline Cariño with inputs from Bernardinus Steni, Famark Hlawnching, Joan Carling, Atina Gangmei and Robeliza Halip Module 9 OBJECTIVES 1. To identify and elaborate on the relevant provisions of the UNDRIP in relation to the special sectors of indigenous women, children, youth, elders and the disabled. 2. To understand deeper the particular issues and concerns of indigenous women, children, youth, elders and the disabled. 3. To relate the situation, experiences and challenges faced by the special sectors to the recogni- tion, protection, promotion and exercise of their human rights. 4. To formulate strategies to advance the rights of the special sectors. CONTENTS I. INTRODUCTION II. UNDRIP PROVISIONS III. REALITIES ON THE GROUND A. General situation B. Laws and policies relating to special sectors IV. EXPERIENCES AND LESSONS A. Women B. Children and youth C. Elders D. Lessons learned V. CHALLENGES A. Challenges B. Strategies Module-9 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 184 Pose the following questions, written in cards and distributed to participants. • What do you think are the specific concerns of special sectors such as women, children, youth, elders and the disabled, in the exercise of their rights as indigenous people? • What do you think are the main obstacles in the special sectors’ exer- cise of these rights? Collect and cluster the written replies, and synthesize the ideas of participants. Present the main content of this module as Powerpoint or lecture input; include photos and other visual material related to the rights and concerns of special sec- tors. Suggested Method

I. INTRODUCTION

There are special sectors that need par- ticular attention and support in the assertion of their rights as indigenous people. Why the need for special attention? This is because these sectors are the most marginalized, dis- criminated against, neglected and most vul- nerable to the violation of their rights. They also have their own particular issues and con- cerns that we need to be sensitive to and to address as we strive for equality and dignity for all sectors in our society. Who make up these special sectors? Indigenous women are, of course, that half of the population who, because of the gender roles assigned to them by society, are usually considered inferior or subordinate to men. They are thus often discriminated against and boxed into stereotype roles in so- ciety such as: women are “the weaker sex”, or “should obey their husbands”, or “stay home to cook, clean, and look after the children.” These stereotypes should be changed, and women’s rights to equality, their special interests and needs as child-bearers, as well as their contributions to society, should be recognized. This is so that they can fully participate as co-equal and valuable members of society in our struggles to defend and assert our rights as indigenous peoples. Indigenous children are those aged below 18 years. Because of their young age, they need special care and attention, not only from their families, but from the whole of the community. They represent the future of our society and should thus be nurtured and their welfare protected. Their particular rights and needs as children should also be recognized and respected. Indigenous youth are those aged 18-35 years. They are in the prime of their lives and thus have much to contribute to society. They have special characteristics that make them valuable members of our indigenous societies, like their physical strength, vigor, fresh ideas, and readiness to learn. They are at the time of their lives when they are defining their future, and they should thus be guided to choose the right direction for the interests of their community and society. However, youth are oftentimes silenced or brushed aside by elders who do not appreciate their ideas and important role. They are increasingly alienated from their indigenous cultures and drawn by foreign influences and Children of Siio Talampak of Lacub, Abra. Photo by Noel Godinez Module-9 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 185 vice. They should be supported and groomed to become new and upright leaders of our indig- enous communities. Indigenous elders are those aged 60 years and above. They have special needs and rights. Many continue to be essential forces in the livelihood and economic activity of indigenous communities. Some of them have become weak or disabled or depen- dent on their children and families for their survival. Many are holders of wisdom and traditional knowl- edge that are important to the continued survival and balanced development of our indigenous communi- ties. Others are traditional leaders and veterans of our long-running struggles to defend and assert our rights as indigenous peoples. It is essential to val- ue and care for our indigenous elders as important members of the community, to provide their needs, and to learn from their knowledge and experiences so that these may continue to be transmitted to the younger generation. The disabled are those persons with deficiencies, whether congenital or not, in their physi- cal or mental capacities. These deficiencies make them unable to ensure by themselves, wholly or partly, the necessities of a normal individual and social life. It is necessary to prevent physical and mental disabilities from being a barrier to the meaningful participation of indigenous per- sons in their community. We should assist disabled persons in developing their abilities in the most varied fields of activities and to promote their integration in normal life as far as possible.

II. UNDRIP PROVISIONS FOR THE SPECIAL SECTORS

Article 7 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of vio- lence, including forcibly removing children of the group to another group. Article 14 2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination. 3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language. Article 17 2. States shall in consultation and cooperation with indigenous peoples take specific mea- sures to protect indigenous children from economic exploitation and from performing any work Present a list of the relevant UNDRIP provisions. Involve participants in reading the pro- visions. Discuss and elaborate on each provision. Suggested Method Hmong woman, Chang Khian village, Chiang Mai province, Thailand. Photo by Chris Erni Module-9