Actual Exercise of Human Rights

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 178 international level, adat also became a popular “internal term” in Indonesia to refer to indigenous peoples. Burma 3. Formerly, forced labor was a common practice, which the government justified in the name of the common good or for national development. Local groups who opposed the practice lobbied international bodies like the UN and human rights bodies. They were able to put international pressure on Burma’s government to recognize the prob- lem of forced labor until it was formally abolished.

C. Lessons Learned

To know and understand our basic human rights makes us more alert to human rights viola- tions. When there is collective knowledge of violations and whole communities are motivated to act in response, human rights becomes a major social issue. States, as the main culprits in human rights violations, are not expected to be impartial edu- cators on human rights issues. More often than not, state efforts merely misinform and confuse the people by twisting some human rights concepts. Thus, indigenous peoples must develop their own strategy and methods, and to conduct their own program, in human rights information and education. Some human rights mechanisms may not be available in our country because the govern- ment did not sign certain international conventions and covenants. However, we should still raise the awareness of communities and the public at large about these mechanisms, so that we can more effectively assert our rights and campaign for the government to ratify the relevant international instruments. TIPS IN ASSERTING OUR HUMAN RIGHTS Know our rights Even if the government has ratified an international human rights instrument, there is no guarantee that the rights of indigenous peoples or the relevant sector will be pro- tected. Often, civil society has to demand that the government adhere to their ratifica- tion commitments. Knowing our rights also ensures that we can tackle local human rights issues in the broader context of the relevant UN human rights mechanism. Once an issue is identified together with the relevant mechanisms for redress, we can take more effective action. Link human rights mechanisms to local issues • Look at your community – do they know and understand their rights? • If not, raise their awareness to the level where they can recognize violations to their rights and encourage them to act. • If yes, involve them in discussions on types of action they want to take. Module-8 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