The right to self-determination
IV. EXPERIENCES AND LESSONS LEARNED
A. Advocacy and Lobbying Related to the Right
1. Examples in the Asian setting:
• East Timor vis-à-vis Indonesia • Ainu in Japan • Cordillera in the Philippines2. Examples from outside Asia:
• Cree in Canada • Saami in Northern EuropeB. Acion and Mobilizaion to Defend Rights
1. Examples in the Asian setting:
• Northeast India • Chittagong Hill Tracts • Java, Indonesia2. Example from outside Asia:
• Saami Council in Northern EuropeC. Actual Exercise of the Right
1. Examples in the Asian setting:
There are a few examples of a relatively high degree of autonomy or self-government that are recognized in different countries. • In Asia, some of the best examples are in Northeast India special constitutional dispensa- tions on Nagaland and Mizoram, and Autonomous District Councils to which the 6th Sched- ule to the Constitution of India applies. • The states of Sabah and Sarawak in Borneo also include both special provisions in the Fed- eral Constitution of Malaysia and in the Constitutions of Sabah and Sarawak on land rights, the status of the indigenous peoples, the restrictions on the entry into the states of non-na- tives. This is similar to the Inner Line Regulation of Northeast India 1873, which applies to Module-1 Ask the participants to give any examples they know about good practices, experi- ences, and lessons learned in the assertion or exercise of the right to self-determina- tion, autonomy, and self-government. Suggested Method RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP Nagaland, Manipur, Mizoram and Arunachal Pradesh, which forbids the entry into, and the acquisition of land, by any other than a “native” of the territory within that “inner line”.2. Other medium-level examples within Asia are:
• peninsular India other than the Northeast, especially those where the 5th Schedule to the Constitution of India applies; and • Chittagong Hill Tracts, Bangladesh.3. Examples from outside Asia:
• Greenland in northern Europe with the Greenland Home Rule Act • Kuna Yala in Panama.V. CHALLENGES
A. Needs, Capaciies, Strategies
Needs, capacities and strategies will obvi- ously vary, from country to country, from one indigenous people to another, and from situa- tion to situation.1. At the international and national levels
One common concern in the indigenous peoples’ relations with the state is their or- ganizational and lobbying weaknesses at the national and international levels. • At the international level, few indige- nous peoples have been able to promote their case in an efficient manner. Excep- tions, to an extent, are the Cree in Quebec, Canada, the Saami from Scandinavia and the Innuit from Greenland. There is no central secretariat for indigenous peoples at Geneva, New York and other interna- tional centers dealing with human rights issues. • Similar problems are faced on account of organizational, logistical and resource constraints at national levels. Few indigenous peoples have offices and representatives in national capi- 35 Certain cases showing the actual exercise of this right may involve armed struggle followed by some degree of political settlement or international recognition. This might be a sensitive topic, which the individual trainer must mention but carefully handle on a case-to-case basis, depending on the situation. Note to trainers This final section should be a participatory process of envisioning and identification for the particular context of the partici- pants. Discuss with the participants the three main points as listed below: • Needs, capacities, strategies • Implementation • Monitoring Split up the participants into workshop groups, and have them do poster presen- tations afterwards, in plenary. One possible poster you can ask the partic- ipants to work on is a mapping or charting of levels of governance in their respective countries or contexts which they should take into consideration in strategizing. Suggested Method Module-1Parts
» 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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