Scope and Deiniion of Militarizaion

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 168 cluding legislative, judicial, administrative and local-police functions, or even including delivery of social services and cultural functions in the guise of “civic action.” Militarization can be imposed under the banner upholding national unity and territorial in- tegrity actually, defending the chauvinism of dominant society against indigenous peoples that assert their rights, or the supposed protection of natural resources, pursuit of national develop- ment, and corporate interests. The rhetoric of national unity and territorial integrity, as a fundamental political goal, has been deeply rooted in newly-independent countries emerging from colonial rule. This goal is pursued in total disregard, and in most cases in outright supression, of the exercise of the right to self-determination by indigenous peoples. One of the worst kinds of militarization is when the armed forces becomes the main instru- ment of a chauvinist or ethnocidal state policy to either forcibly assimilate indigenous peoples into the dominant society, or to forcibly rule over indigenous territories like a foreign invading and occupying power. EXAMPLES from Indigenous Affairs 201 Militarization in the Chittagong Hill Tracts Chandra Roy writes: The presence of the army in CHT affairs has its roots in Bengali hegemony predi- cated on the creation of Bangladesh as a separate homeland for the Bengalis. The exis- tence of indigenous peoples in the territorial framework of the Bangladeshi State, with their own identity, cultures and traditions, is a challenge to the concept of a homogenous state. The demands of the indigenous people for autonomy and the right to their own cultural identity were translated as being secessionist, and integration and assimilation became the fundamental pillars of the Government’s policy in the CHT, with the army as its main instrument in this process. “Militarization and Chittagong Hill Tracts” in Indig- enous Affairs 201, published by IWGIA Miltarization in Nagalim, Northeast India In Nagalim, in North East India, the Indian State has applied a systematic policy of militarization through counter-insurgency operations to silence the demands of the Naga people to self-determination. Indigenous Affairs 201, published by IWGIA Militarization in the Cordillera, Philippines Joan Carling and Benedict Solang write: Since the successful struggle of the Cordillera indigenous peoples against the build- ing of four megadams along the Chico River and the commercial logging activities of the Cellophil Resource Corporation in the late 70s to early 80s, militarization of the Cordil- lera countryside has always been part of the State Policy, from the Marcos Regime to the present. The exploitation of lands, territories and resources of indigenous peoples and the protection of private interests in indigenous territories often boil down to the interest of the states. To ac- complish this, militarization is imposed in such territories. Module-8 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 169 In addition, early 21st century global politics has given most states the convenient opening to further justify militarization as their main approach in pursuing the policy of anti-terrorism.

C. Internaional and Naional Human Rights Instruments

1. Universal Declaration of Human Rights 1948 Article 1

All human beings are born free and equal in dignity and rights. They are endowed with rea- son and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without dis- tinction of any kind, such as race, colour, sex, language, religion, political or other opinion, na- tional or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or in- ternational status of the country or territory to which a person belongs, whether it be indepen- dent, trust, non-self-governing or under any other limitation of sovereignty. Article 3 Everyone has the right to life, liberty and security of person. Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punish- ment. Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

2. Convention on Civil and Political Rights

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A XXI of 16 December 1966 Article 6 1 Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punish- ment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. Article 9 1 Everyone has the right to liberty and security of person. No one shall be subjected to ar- bitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. 3. Convention on Economic and Social Cultural Rights Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A XXI of 16 December 1966 Module-8 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 170 Article 1 1All peoples have the right of self-determination. By virtue of that right they freely deter- mine their political status and freely pursue their economic, social and cultural development.

4. Vienna Declaration and Programme of Action, July 1993 Part I

5All human rights are universal, indivisible and interdependent and interrelated. The in- ternational community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particulari- ties and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and pro- tect all human rights and fundamental freedoms.

II. UNDRIP PROVISIONS ON HUMAN RIGHTS AND MILITARIZATION A. Preamble

PP 6 Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, eco- nomic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, PP 11 Emphasizing the contribution of the de- militarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, PP 15 Acknowledging that the Charter of the United Nations, the International Covenant on Eco- nomic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, as well as the Vienna Declaration and Programme of Action, affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their po- litical status and freely pursue their economic, social and cultural development, PP 17 Convinced that the recognition of the rights of indigenous peoples in this Declaration will en- hance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, PP 18 Encouraging States to comply with and effectively implement all their obligations as they ap- ply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned, Present a list of the relevant UNDRIP provisions. Involve participants in reading the pro- visions. Discuss and elaborate on each provision. Suggested Method Module-8