The right to self-determination

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 34 2. The right to autonomy and self-government The exercise of the right to autonomy and self-government has many obstacles, limitations and challenges including: • lack of fiscal autonomy and insufficient access to finances; • discrimination by national governmental entities; • political unrest; • militarization; • population transfer and minoritization.

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 Philippines

2. Examples from outside Asia:

• Cree in Canada • Saami in Northern Europe

B. Acion and Mobilizaion to Defend Rights

1. Examples in the Asian setting:

• Northeast India • Chittagong Hill Tracts • Java, Indonesia

2. Example from outside Asia:

• Saami Council in Northern Europe

C. 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-1