Plunder and exploitation of indigenous culture
2. Discrimination
In India, Adivasi, which simply means original settlers or indigenous people, has become a term equated with backwardness. In this caste society, Adivasi are regarded as even less than Untouchables. In the Philippines, indigenous peoples – often called “tribal Filipinos” even though many of them are not or no longer organized as tribes – have invariably been regarded as colorful, brave, and interesting but primitive peoples, left behind by history, belonging to different and inferior “stocks” or races. This is transmitted to the majority of Filipinos by school texts, the tourism au- thority and the mass media. Discrimination has contributed significantly to cultural erosion and acculturation because it has placed added pressure on indigenous people to give up their community’s language, manner of dress, manner of living – to deny their identity.B. Laws and Policies, Good and Bad
Most Asian countries are signatories to the UNDRIP, the International Covenant on Social, Economic and Cultural Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination. Most are also party to the Multilateral Convention on Biological Diversity http:www.cbd.int conventionconvention.shtml, which con- tains significant provisions on the recognition and protection of indigenous knowledge. The constitutions of India, Cambodia, Malaysia and the Philippines provide for cultural free- doms and indigenous peoples’ cultural rights. In the Philippines, for example, the Indigenous Peoples’ Rights Act IPRA spells out these rights. But the IPRA as written text and its enforce- ment or implementation are two different things. In some Asian countries, there are policies that outrightly violate or subtly deny cultural rights. For example, in Malaysia and in Thailand, the state promotes the concept of one country, one race, one culture – denying diversity or even encouraging its suppression. But in many Asian countries, this is not the main or the only problem. One problematic policy area is prioritization of cultural concerns. In the area of public edu- cation, for example, a common conflict of priorities is between the state’s centralized develop- ment of curricula and textbooks, on one hand, and its avowed promotion of indigenous language which requires a great degree of decentralization. Discuss with the participants the problem of discrimination in their own country. Group Interacion First, discuss the points raised below. Then involve participants in a Gaps Analysis of the laws in their own country, using the table also provided below. Suggested Method 108 Module-5 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP EXAMPLE: TEXTBOOKS FOR INDIGENOUS EDUCATION In the Philippines, the IPRA allows indigenous communities to exercise control over the education of their children. Whether in the schools that the communities themselves have established, or in those that were built within their locality by a church or by the government, teachers are allowed to conduct lower grade classes in the indigenous lan- guages so that students can grasp basic ideas more readily. Also, the communities can intervene such that false information and discriminatory ideas about their people – es- pecially about their history – is corrected. But textbook production is centralized, and teachers are taught by both the Depart- ment of Education and the Civil Service Commission to be true to the texts in their teach- ing. This is a source of at least two major difficulties for the teachers: 1 how they can help their students grasp what the textbooks say in Filipino or in English; 2 how they should deal, and help their students deal, with any false information or discriminatory idea they encounter in the textbooks. Textbook correction and translation are not a priority of the Department of Educa- tion – which is among the departments that receive the lowest budgetary allocations from the Philippine government. Unless decentralized, translation would also be an ex- tremely difficult task to undertake in a country where the SIL has listed 171 distinct, living languages. A similar problem besets Malaysia, where the SIL has listed 140 distinct, living lan- guages. There is space for the use of indigenous languages in the school system, but there are no funds available from the government for the production of textbooks in these languages. For Discussion: Higher Education and Acculturation Governments in the Philippines, Malaysia, Thailand and India have attempted to facilitate the upliftment of indigenous peoples’ economic condition and social status by providing scholarships in higher education as well as imposing acceptance and employ- ment quotas that will ensure indigenous people’s access to universities and establish- ments. In the Philippines and in India, however, this has often resulted in the acculturation of indigenous scholars – indeed, in some cases, not only has the indigenous scholar been estranged from his or her culture but come to belittle it. In a few cases, the scholars have become so alienated from their respective cultures that they can no longer return to their localities and use their knowledge and skills in the service of their communities. How should we view this? Indigenous peoples’ cultural rights are especially difficult to secure in countries where the scarcity of resources and the de-prioritization of cultural concerns do not allow governments to invest in the development and operation of instruments or mechanisms for rights-protection; 109 Module-5Parts
» BACKGROUND UNDRIP MANUAL FINAL AIPP
» THE DECLARATION UNDRIP MANUAL FINAL AIPP
» The 24 Preambular Paragraphs THE CONTENT
» The 46 Operaional Aricles THE CONTENT
» The Provisions Of The UNDRIP By Themaic Area
» Introduction EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Signatories and Parties Treaties
» Agreements Conventions EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Charters Protocols EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Declarations EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Exchange of Notes Memoranda Of Understanding
» Adoption GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Acceptance and Approval GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Accession GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Amendment GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Authentication GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Correction of Errors GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Declarations GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Entry into Force Definitive Signature
» Exchange of LettersNotes Definitive Signature
» Full Powers Definitive Signature
» Ratification Registration and Publication Reservation
» Signature Subject to Ratification, Acceptance or Approval
» Right to self-determination Deiniion of terms and scope
» Right to self-government Deiniion of terms and scope
» National and international contexts
» Essence Deiniion of terms and scope
» Core Aricles UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT
» Related Aricles UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT
» General Situaion REALITIES ON THE GROUND
» Right to self-determination Laws and Policies Related to the Recogniion of the Right
» Right to self-government Laws and Policies Related to the Recogniion of the Right
» Treaties Laws and Policies Related to the Recogniion of the Right
» The right to self-determination
» Examples in the Asian setting: Examples from outside Asia:
» Examples in the Asian setting: Example from outside Asia:
» Examples in the Asian setting:
» Other medium-level examples within Asia are:
» At the international and national levels
» Challenges regarding strategies Needs, Capaciies, Strategies
» Chittagong Hill Tracts, Bangladesh
» Deiniion of Terms INTRODUCTION
» Core Aricles UNDRIP PROVISIONS FOR FPIC
» Related Aricles UNDRIP PROVISIONS FOR FPIC
» REALITIES ON THE GROUND; EXPERIENCES AND LESSONS LEARNED
» Needs, Capaciies, Strategies CHALLENGES
» Implementaion and Monitoring CHALLENGES
» Definition of terms Background
» Core Aricles UNDRIP PROVISIONS RELATED TO CUSTOMARY LAW
» Related Aricles UNDRIP PROVISIONS RELATED TO CUSTOMARY LAW
» Laws and Policies Related to the Recogniion of the Right
» Challenges in Implementaion REALITIES ON THE GROUND
» Advocacy and Lobbying Related to the Right
» Acion and Mobilizaion to Defend Rights
» Actual Exercise of the Right
» Needs, Capaciies, Strategies Implementaion Monitoring
» Land is the basis of livelihood.
» Territorial rights Non-recognition by the state
» Indigenous peoples’ customary law and state law
» Opional Secion Indigenous peoples’ systems of resource management and conservaion
» Core Aricles UNDRIP PROVISIONS ON RIGHTS TO LAND, TERRITORY RESOURCES
» On the right to redress for past injustices
» On the right to means of subsistence and to development
» On the recognition of indigenous peoples’ conservation and protection of the environ- ment
» On land, territory, resources and the right to self-determination
» Challenges in having good laws and policies implemented
» Actual Exercise of Land-resource Rights Within the Exising Government Frame- work
» Advocacy and lobby EXPERIENCES AND LESSONS LEARNED
» Asserive Acion and Mobilizaion
» Challenges regarding needs: Needs, capacities, strategies
» Challenges regarding capacities Needs, capacities, strategies
» Challenges regarding strategies Needs, capacities, strategies
» Implementation SOME GUIDANCE FOR THE TRAINERS
» Monitoring SOME GUIDANCE FOR THE TRAINERS
» Culture as Basic Component of Indig- enous Idenity
» The Cultural Rights of Indigenous Peoples
» Cultural Rights in Internaional Instruments Prior to UNDRIP
» In the Succeeding Articles Article 8
» The erosion, degradation, or destruc- tion of indigenous cultures
» Plunder and exploitation of indigenous culture
» Laws and Policies, Good and Bad
» EXPERIENCES AND LESSONS LEARNED
» Some Suggested Strategies CHALLENGES
» Development aggression Mainstream Development Issues
» Loss of both food sovereignty and subsistence security
» Vulnerability to exploitation Market integration
» Degradation of land and other natural resources, disruption of ecosystem balance
» Migration and human resource deple- tion.
» The question of human development
» The human rights-based approach to development
» The concept of sustainable development
» Indigenous economic systems Mainstream Development Issues
» Traditional occupations Mainstream Development Issues
» Traditional healing Mainstream Development Issues
» Indigenous knowledge Mainstream Development Issues
» Traditional education Mainstream Development Issues
» Access to mainstream education, information and mass media
» Socio-cultural continuity Mainstream Development Issues
» Comprehensive Provisions on Devel- opment
» Speciic Provisions on Health
» Speciic Provisions on Indigenous Knowledge, Educaion, Informaion and Mass Media
» Development aggression General Situaion
» Market integration General Situaion
» Indigenous economy and culture
» Laws and Policies REALITIES ON THE GROUND
» EXPERIENCES UNDRIP MANUAL FINAL AIPP
» Forced migration Forms of Migraion
» Temporary migration Voluntary migration
» Seasonal migration Voluntary migration
» Permanent migration Voluntary migration
» Seeking peace: migration to escape oppression and violence
» Eking out a living: migration to escape poverty
» Cross-border migration: lack of legal status
» Urban migration: alienation and assimilation
» Life away from home: how indigenous migrants adapt to their new environment
» The Issue of Indigenous Territories Divided by Internaional Borders
» On ciizenship UNDRIP PROVISIONS RELATED TO MIGRATION BY INDIGENOUS PEOPLES
» Relocation Laws and Policies on the Rights of Migrants 1. Citizenship and immigration laws
» How Rights are Respected or Violated CHALLENGES IN HAVING GOOD LAWS AND POLICIES IMPLEMENTED
» Challenges regarding capacities: Challenges regarding strategies:
» Implementation Monitoring Some Guidance for the Trainers
» Scope and Deiniion of Militarizaion
» Universal Declaration of Human Rights 1948 Article 1
» Convention on Civil and Political Rights
» Vienna Declaration and Programme of Action, July 1993 Part I
» Aricles UNDRIP PROVISIONS ON HUMAN RIGHTS AND MILITARIZATION A. Preamble
» General Situation REALITIES ON THE GROUND
» Negative laws NATIONAL LAWPOLICY
» Positive laws NATIONAL LAWPOLICY
» Positive laws are not implemented or only passively, while negative laws are more
» Conflicts between national and local governments. Conflicts commonly exist between
» Persistent militarist mindset. A persistent militarist mindset continues to exist not only
» Particular defects as well as openings in the legal and judicial system. In each coun-
» Advocacy, Collecive and Asserive Ac- ions
» Actual Exercise of Human Rights
» Lessons Learned EXPERIENCES AND LESSONS LEARNED
» Conlict of Naional Laws with Inter- naional Laws
» Government Programs in Conlict with Human Rights
» Weaknesses in the Judicial System
» INTRODUCTION UNDRIP MANUAL FINAL AIPP
» UNDRIP PROVISIONS FOR THE SPECIAL SECTORS
» National laws on special sectors
» Women EXPERIENCES AND LESSONS IN ASSERTING RIGHTS
» Know our rights Lessons Learned
» Organizing and self-organization Lessons Learned
» Collective action to demand, protect and defend our rights
» Lobby and advocacy work to pressure government to recognize and respect our rights
» What do you think are the challenges faced by
» Capacity building to overcome discrimination and awareness-raising on their rights.
» Gauge the Poliical Situaion:
» Assess the condiion of your campaign machinery:
» Informaion and Educaion BASIC COMPONENTS OF A CAMPAIGN
» Mass Mobilizaion, Mass Acion
» Deine clearly: OUTLINING A CAMPAIGN PLAN
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