General Situation REALITIES ON THE GROUND

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 173 The state commonly resorts to militarization in IP communities especially in areas where there is strong opposition against a planned government project or policy. In these cases, the armed forces establish military camps within or just beside the communities, which they use as base for military operations. These result in numerous human rights violations, including cases of rape, civilians used as human shields, disruption of economic activities of the people, ethno- cide, and relocation. In addition, military efforts to establish and expand local paramilitary forces and intelligence networks within the community likewise create divisions among the people. These acts of militarization are often justified by laws and provisions at the national and lo- cal levels. These laws legalize numerous types of human rights violations, the military takeover of civilian functions, and the executive assumption of emergency powers. Most of the laws were crafted supposedly to combat terrorism and insurgency or in response to a state of emergency. In addition, rights of indigenous peoples already formally recognized by the state continue to be violated due to non-implementation of laws, conflicting laws and interpretation of laws, introduction of loopholes in implementing rules, and other means by which these rights are diluted or negated in actual practice.

B. Naional Laws and Policies

1. Negative laws NATIONAL LAWPOLICY

CONTENT FURTHER REFERENCES Law No 342004 on The TNI still maintains the Army’s Usman Hamid and Saiful National Armed Forces territorial command structure, such Haq, “TNI reform: No Tentara Nasional as Kodam military regional more business as usual,” Indonesia in Indonesia command, Korem military regiment The Jakarta Post, command, Kodim the military Indonesia, 17 Oct 2008 district command and Babinsa village guidance, which continue to control indigenous and local institutions and to appropriate natural resources and indigenous peoples’ territories as well. Law No 152003 on Anti- To prove initial evidence of terrorism, Simon Butt, Anti- Terrorist Law in Indonesia police can refer to any intelligence Terrorism Law and evidence article 26. Terrorist Criminal Process in activities may include any activity Indonesia, University of that assists terrorist by lending Melbourne, Australia money, hiding information alc.law.unimelb.edu.au article 13. download.cfm?DownloadF ile=90A180E0-1422207C- BA7D439277CCFF7A download Jakarta, May 2009 Prepare and present a matrix of laws and policies, as below. Suggested Method Module-8 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 174 NATIONAL LAWPOLICY CONTENT FURTHER REFERENCES Martial Law in Burma On 17 and 18 July 1989, the martial Amnesty International, law administration empowered the Myanmar Burma New military to impose death sentences Martial Law Provisions on political opponents, including Allowing Summary or people not accused of violence, Arbitrary Executions and through summary judicial Recent Death Sentences procedures that fall short of Imposed Under These international standards for fair trial Provisions, AI Index: A S A and are contrary to the safeguards 161589 DISTR: SCCO enshrined in the Myanmar Judicial GR, http:burmalibrary. Law. These deficiencies include orgdocs316-15-89-ocr.p allowing the death penalty for non- df violent, not clearly criminal or else only minor offences, elimination of the right of appeal to a higher court and apparent curtailments of the right to a defense, particularly as regards the calling of defense witnesses. Armed forces special power Special authority for the military to http:www.hrw.orgenn act AFSPA 1958, in India shoot and kill on mere suspicion. ews20080817india-r The law grants the military wide epeal-armed-forces-specia powers to arrest without warrant, l-powers-act shoot to kill, and destroy property in so-called “disturbed areas.” It also protects military personnel responsible for serious crimes from prosecution, creating a pervasive culture of impunity. Oplan Bantay Laya of the A long-term, top-level and Armed Forces of the comprehensive military operational Philippines AFP plan of the AFP aimed at destroying the Communist Party of the Philippines and its New People’s Army by 2010. The Oplan specifically targets indigenous peoples’ territories because these generally mountainous and thickly forested areas are thought to be strategically important to the NPA as guerrilla strongholds. The Oplan also targets legitimate indigenous peoples’ organizations as “front organizations” of the Communist Party. Module-8