Lessons Learned EXPERIENCES AND LESSONS LEARNED

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 179 Identify specific UN instruments and mechanisms that can be used • Know which convention or covenant can have maximum impact: which ones were ratified by the government, or at least the related processes in which the govern- ment participates • Know the specific offices to which your appeals should be directed, to ensure an urgent and effective response. Identify other mechanisms that can support your cause • Identify and maximize guidelines or commitment by governments in the imple- mentation of a certain agreement or convention, which your community can de- mand from the government.

V. CHALLENGES IN IMPLEMENTATION OF UNDRIP

A. Conlict of Naional Laws with Inter- naional Laws

Certain human rights provisions of UND- RIP, which are based on existing international laws and human rights standards, are contra- dictory to some existing national laws. EXAMPLES: • Various “anti-terrorism” laws vs Bill of Rights constitutional guarantees to civil and political rights • Armed Forces Special Power Act AF- SPA vs International Convention on Civil and Political Rights ICCPR • Penal Court vs ICCPR national policies on mining, forest, and other natural-resource management vs • International Convention on Economic, Social and Cultural Rights ICESCR

B. Government Programs in Conlict with Human Rights

Many national government policies and programs on development are in conflict with the basic principles of human rights as applied to indigenous peoples. In the name of national development, governments continue to uphold policies that violate the rights of indigenous peo- ples to their lands and resources. Many government-sponsored development projects continue to be implemented in indigenous territories without their free, prior and informed consent, and which results in displacement and dislocation of communities, deprivation or disruption of live- lihood, worsened health and safety problems, degradation of socio-cultural traditions, etc. Pose the following question to the par- ticipants: What do you think are the challeng- es faced in the implementation of UNDRIP’s human rights provisions? Prepare cards containing the question and distribute to participants. Ask each participant to write their answers on the cards. Synthesize the ideas of participants by grouping the answers into clusters based on common points then summarizing the main points. Input the items below. Wrap up the whole module by relating the different topics. Suggested Time: 45 minutes Suggested Method Module-8 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 180

C. Lack of Funds for Implemening Human Rights Instruments

Governments commonly do not allocate enough funds to the national human rights insti- tutions and related service agencies, as these are not considered national priorities. The lack of funds often becomes a justification for government agencies not to thoroughly implement human rights instruments, which would include the continuous work of public education and information, monitoring and documentation of the human-rights situation and specific cases, and prosecution of human rights violators. Meanwhile, governments allocate huge budgets for military operations that ravage indigenous peoples’ territories.

D. Weak Capacity of Human Rights Bodies

The human rights institutions at the national and lower levels are supposed to function as independent bodies. In many instances, however, they lack independence, clear mandate and sufficient authority, in addition to the lack of expertise and resources. In many cases, members of these institutions are political appointees that are beholden to or susceptible to manipulation by the appointing body. Their mandate and authority are limited to receive and process complaints but lack the power to redress the problem and issues. In extreme cases, these same institutions become smokescreens for the government to cover up and human rights violations against in- digenous peoples.

E. Language Limitaions in Delivering Human Rights Services

Many of the human rights instruments, as well as supporting materials such as guidelines, have not been translated into the diverse languages of indigenous peoples. This deprives many indigenous communities of the basic information on human rights and their application, as well as their enjoyment of related human rights services, even in cases where the provisions are clear.

F. Lack of Awareness About Human Rights Instruments and Bodies

As a whole, indigenous peoples remain greatly unaware of the content and operation of hu- man rights mechanisms and institutions at the international level, and their equivalents at the national level where these exist. The UNDRIP itself remains a new subject, which most Asian indigenous peoples are unaware of. This situation limits the capacity of indigenous peoples in campaigning and advocating for their collective rights.

G. Military Hosility to Human Rights Groups

Human rights groups and individuals continue to be under steady attack by agents of the state, mostly among the military and police forces. Through mass media, their own propaganda sorties in communities and schools, legal counter-actions, surveillance and at times actual ar- rests, these state agents often succeed in demonizing human rights defenders, if not actually silencing and neutralizing them.

H. Legal Issues in the Applicaion of Human Rights Laws

In many Asian countries, defects and loopholes in the legal and judicial system provide nu- merous technicalities for culpable state agents to escape accountability for their human rights violations. One is to invoke the principle of prescription the expiration of a case due to the pass- Module-8