UNDRIP PROVISIONS FOR THE SPECIAL SECTORS

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 186 that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment. Article 21 1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vo- cational training and retraining, housing, sanitation, health and social security. 2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities. Article 22 1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration. 2. States shall take measures, in conjunction with indigenous peoples, to ensure that indig- enous women and children enjoy the full protection and guarantees against all forms of violence and discrimination. Article 44 All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.

III. REALITIES ON THE GROUND

A. General Situaion

Indigenous women, children, youth, el- ders and disabled persons are more often than not subjected to particular forms of dis- crimination and oppression. Specifically for indigenous women, aside from the discrimination they experience as indigenous peoples, they are often stereo- typed as being fit only to do domestic work. They are thus tied to the home and prevented from meaningful participation in community affairs. In addition, many tribal communities continue to practice their traditional male- dominated socio-political systems where women are not fully involved in decision-making. This is so despite the important role that in- digenous women play in agricultural production and other livelihood activities for the family. Also, because of the notion that they are inferior or subordinate to men, women often be- come victims of sexual harassment, abuse and physical violence by men and the dominant soci- ety. Violence against women is thus a normal or usual occurrence. In areas that are militarized or occupied by settlers, indigenous women often become victims of violence at the hands of state forces and other outsiders. Break up the participants into groups, to discuss the situation of the women, chil- dren, youth, elderly and disabled. Print out and distribute the following ques- tions to guide their discussion. Have each group present the results of their discussion in plenary, then synthe- size, providing additional input if neces- sary. You might wish to use the following in your input. Suggested Method Module-9 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 187 Guide questions ON WOMEN • Characterize the women of your communities, and describe the roles they play domestically and socially, economically and politically. • Can the women of your communities participate actively in dis- course and decision-making? • Are there customary laws or practices which put women at a disad- vantage or, conversely, in an advantageous position – in the context of the home or the community, economically or politically? • What are the implications of these? • Are there special problems the women face at present, especially in relation to changes in the general situation your communities con- front? • Are there national laws or policies which discriminate against wom- en or, conversely, aim to eliminate discrimination against women? What about laws or policies which render women especially vulner- able to exploitation or, conversely, protect them against this? Etc. Guide questions ON CHILDREN • Are there special issues or problems that your communities face at present vis-à-vis the situation of children? E.g.: • worsening poverty and increased participation of children in pro- duction activities inimical to their health or development Note: Child labor may be regarded internationally as inimical to children’s development but might be seen in a different light by indigenous peo- ples. • armed conflict and the participation of children in warfare Note: There are indigenous peoples who wage war as whole communities – children included. • Are there national laws or policies that address the situation of the children of your communities, or of children in general? Guide questions ON THE YOUTH • Characterize the youth of your communities and describe the roles they play in the home and in the community, economically and politi- cally. • Can the youth of your communities participate actively in discourse and decision-making? Or are there customary laws or practices that constrain them from doing so? • If the youth of your communities cannot participate actively in dis- course and decision-making, what are the implications of this? • Are there special problems the youth face at present, especially in relation to changes in the situation your communities confront? • Are there national laws or policies that address the special needs, problems, concerns or issues of the youth? Trafficking and prostitution of indig- enous women is also a growing social problem. Due to the depressed economic situation of many communities, in- digenous women are of- ten forced to migrate to the cities. Here, unem- ployment and poverty force them into prosti- tution, thereby expos- ing them to diseases such as HIV-AIDS. For indigenous children in general, many of them are de- nied of their right to access formal educa- tion due to poverty and discrimination. Traf- ficking of children and child labor are also very common in de- pressed areas. Juve- nile offenders likewise are not given special protection as they are commonly mixed with hard criminals in state penitentiaries. The fading away of the rich heritage of indigenous peoples is a concern nowadays as many of the native priests and commu- nity elders who have rich knowledge on the indigenous ways are unable to pass on their wisdom to the younger generations due to the change of mindset of the latter. Technology, education and religion are getting in the way Module-9