Challenges regarding needs: Needs, capacities, strategies

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP In most cases, however, such laws are either absent or defective, insufficient or inappropri- ate. Indigenous peoples and their communities, leaders and organizations therefore need to de- velop joint strategies to address this fundamental problem. The UNDRIP can help them raise the issue and push governments to acknowledge the need for legal reform. The trainer can provide inputs on advocacy and lobbying strategies at different levels, i.e. local, national and international. A first step can be a thorough review of existing laws and policies with regards the right to land, territory and resource, to identify the gaps and needs for changes, amendments or entirely new laws and policies. Building alliances among indigenous peoples, and with support groups and supportive indi- viduals, like lawyers, and legal aid and advocacy groups, is crucial. Gaining the attention of the public through media can help, not only to build up pressure on governments, but also to provide protection to leaders in politically repressive countries. On the other hand, too much publicity may be counterproductive, exposing leaders and their orga- nizations too much. The appropriate balance depends entirely on the political context they are working in. Using not only UNDRIP but other international human rights mechanisms the Human Rights Council, the UN Special Rapporteurs, or Treaty Bodies like the Committee on the Elimination of Racial Discrimination, the Covenant on Civil and Political Rights, the Covenant on Economic, So- cial, and Cultural Rights, etc. can help build up pressure on national governments.

2. Implementation

In some cases, existing laws and policies may provide sufficient protection of indigenous peoples’ right to land, territory and resources. The major challenge here is enforcing the law. Lack of implementation and weak enforcement of laws is a main problem throughout the re- gion. Trainers should facilitate a discussion on the state of affairs with respect to the implementa- tion and enforcement of laws. What are the experiences at the local level? Why are laws not properly implemented? What can they do about it? What strategies can be developed to force governments to prop- erly implement the law?

3. Monitoring

Indigenous peoples need to continuously monitor the implementation or enforcement of existing laws, as well as the legal revisions and reforms which they are demanding from govern- ments. 99 Module-4