Three Levels Of Challenges

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 3. The monitoring of this implementation.

B. SOME GUIDANCE FOR THE TRAINERS

1. Needs, capacities, strategies

Needs, capacities and strategies will, of course, vary between communities, indigenous peo- ples and countries.

a. Challenges regarding needs:

How well do the communities and their leaders know the national laws related to the right to land, territory and resources? Is there a need to provide more and better information? This means information material that is culturally appropriate and easily accessible popular book- lets, videos etc. If people know their rights, how well are these rights recognized, protected in the form of, e.g., title deeds or other official documents? Do they know and have access to the government agencies in charge of issuing these documents? If their rights are violated, i.e. their land, territories or resources are encroached upon or alienated, do they know how to respond? What are the ways to respond? Do they need help? Do they know who can help legal aid groups, advocacy and support or- ganizations, lawyers, Human Rights Commissions etc.?

b. Challenges regarding capacities

In order to address the needs identified above, communities and their leaders need specific knowledge and skills. Are your communities and leaders able to address the needs identified above? What are their strengths, what are their weaknesses? What is needed to increase their capacities? What kind of capacity building training, ex- change, exposure do they need? Who can provide these?

c. Challenges regarding strategies

If laws protecting the rights of indigenous peoples to land, territories and resources are in place and considered appropriate, the communities need to develop a strategy for ensuring that the law is properly implemented this will be covered below. Trainers should know the basic laws and policies of the country related to the right to land, territory and resources. Note to trainers 98 Module-4 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