The 46 Operaional Aricles THE CONTENT

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 8 Part 2: Articles 6 to 11 These articles affirm the right of every individual among the indigenous peoples to a nation- ality, as well as the right of indigenous peoples to physical existence, integrity and security, and to full guarantees against genocide, forced population transfer and dislocation, and against the removal of indigenous children from their families and communities. They also affirm the need for Free, Prior and Informed Consent FPIC in the matter of relocation. Part 3: Articles 12 to 14 This part proclaims rights connected with the cultural, spiritual and linguistic identity of indigenous peoples. It affirms the right of indigenous peoples to practice and revitalize their cultures and traditions; to manifest, practice, develop and teach their spiritual and religious tra- ditions, customs and ceremonies; to revitalize, use, develop and transmit to future generations their histories, oral traditions, languages, etc. This part also mentions the responsibility of states to address grievances and provide re- dress mechanisms, developed in conjunction with indigenous peoples. Part 4: Articles 15 to 16 This part enumerates various rights related to education and information: the right to set up indigenous educational institutions; the right of access to education in indigenous languages and cultures; the right of access to the mass media; the right to appropriate portrayal of indigenous culture in such media. This part also mentions the responsibility of states to take special and effective measures in order to implement the said rights. Part 5: Article 17 This part is about international labour law and national labour legislation concerning stan- dards and guarantees against child labour and other violations of labour standards. Part 6: Articles 18 to 24 This part enumerates the various rights of indigenous peoples related to decision-making and development. It stresses the need for the participation or representation of indigenous peo- ples in legislative, administrative and other decision-making processes, and for FPIC. This part elaborates on the rights of indigenous peoples to the maintenance and develop- ment of their political, economic and social institutions; to economic upliftment and social ser- vices without discrimination; to traditional medicine as well as access to health services. It also elaborates on the special needs and the development of indigenous women, elders, youth, chil- dren and persons with disabilities. It provides for guarantees against all forms of violence and discrimination. Part 7: Articles 25 to 34 This part deals with the rights of indigenous peoples to their lands and territories and the resources these hold, and to the conservation of their environment. It also deals with the rights RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP of indigenous peoples to the integrity and conservation of their genetic resources, traditional knowledge, science and technology, culture and identity. The principle of FPIC regarding projects affecting indigenous lands and other resources is reiterated. Military activities are prohibited from the lands or territories of indigenous peoples unless justified by a significant threat to public interest, or freely agreed to or requested by the indigenous peoples concerned. Part 8: Article 35 This part upholds the right of indigenous peoples to define the responsibilities of individuals to their communities. Part 9: Articles 36 to 37 This part deals with the rights of indigenous peoples across borders, and in relation to states with whom they have forged treaties. Part 10: Articles 38 to 46 This section is composed of general provisions. It deals with the obligation of states to take effective and appropriate measures, including legislation, in order to achieve the purposes of the Declaration. It also specifies the right of indigenous people to have access to financial and tech- nical assistance from states and through international cooperation; the right to have access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with states or other parties. It provides for the organs and specialized agencies of the UN system and other intergovernmental organizations to contribute to the full realization of the provisions of the Declaration. It promotes respect for, full application of, and follow-up on the effectiveness of the Declaration by the UN and its bodies, including the UN Permanent Forum on Indigenous Issues PFII.

C. The Provisions Of The UNDRIP By Themaic Area

As may be gleaned from the foregoing, it is also possible to divide the UNDRIP into provi- sions regarding particular thematic areas. In the succeeding modules, the thematic areas are: 1. Self-Determination and Self-Government; 2. Free, Prior and Informed Consent; 3. Customary Law; 4. Land, Territory and Resources; 5. Cultural Rights; 6. Development Issues; 7. Migration and Trans-Border Issues; 8. Militarization and Human Rights; 9. Special Sectoral Concerns. 9 Synthesize the lesson, referring to the first set of metacards posted, on what the participants knew or thought about the UN- DRIP. Note to trainers RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 10

IV. EXCERPTS FROM THE UN TREATY REFERENCE GUIDE

http:untreaty.un.orgEnglishguide.asp

A. Introduction

Over the past centuries, state practice has developed a variety of terms to refer to inter- national instruments by which states establish rights and obligations among themselves. The terms most commonly used are the subject of this overview. However, a fair number of additional terms have been employed, such as “statutes”, “covenants”, “accords” and others. In spite of this diversity of terminology, no precise nomenclature exists. In fact, the meaning of the terms used is variable, changing from State to State, from region to region and instrument to instrument. Some of the terms can easily be interchanged: an instrument that is designated “agreement” might also be called “treaty”. The title assigned to such international instruments thus has normally no overriding legal effects. The title may follow habitual uses or may relate to the particular character or importance sought to be attributed to the instrument by its parties. The degree of formality chosen will de- pend upon the gravity of the problems dealt with and upon the political implications and intent of the parties. Although these instruments differ from each other by title, they all have common features and international law has applied basically the same rules to all of these instruments. These rules are the result of long practice among the States, which have accepted them as binding norms in their mutual relations. Therefore, they are regarded as international customary law. Since there was a general desire to codify these customary rules, two international conventions were nego- tiated. The 1969 Vienna Convention on the Law of Treaties “1969 Vienna Convention”, which entered into force on 27 January 1980, contains rules for treaties concluded between States. The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations “1986 Vienna Convention”, which has still not entered into force, added rules for treaties with international organizations as parties. Both the 1969 Vienna Convention and the 1986 Vienna Convention do not distinguish between the different designations of these instruments. Instead, their rules apply to all of those instruments as long as they meet certain common requirements. Article 102 of the Charter of the United Nations provides that “every treaty and every inter- national agreement entered into by any Member State of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and pub- lished by it”. All treaties and international agreements registered or filed and recorded with the Secretariat since 1946 are published in the UNTS. By the terms “treaty” and “international agree- ment”, referred to in Article 102 of the Charter, the broadest range of instruments is covered. Although the General Assembly of the UN has never laid down a precise definition for both terms and never clarified their mutual relationship, Art.1 of the General Assembly Regulations to Give Effect to Article 102 of the Charter of the United Nations provides that the obligation to register applies to every treaty or international agreement “whatever its form and descriptive name”. In the practice of the Secretariat under Article 102 of the UN Charter, the expressions “treaty” and “international agreement” embrace a wide variety of instruments, including unilateral commit- ments, such as declarations by new Member States of the UN accepting the obligations of the UN Charter, declarations of acceptance of the compulsory jurisdiction of the International Court of Justice under Art.36 2 of its Statute and certain unilateral declarations that create binding obligations between the declaring nation and other nations. The particular designation of an