Right to self-determination Deiniion of terms and scope
2. Right to self-government
The right of a people to freely determine its political status, in theory, includes the right to form an independent state that stands on equal footing with other nation-states, or otherwise, to define its mode of associating with an existing state wherein it enjoys the same rights as the other constituent peoples of that state. Thus, the right to self-government directly translates into the right of peoples to govern themselves without external influence. This right covers a wide range of options: • seceding outright from a state and creating their own state; • joining a federation of states as one constituent and co-equal state; • constituting an autonomous political unit wherein it exercises a degree of self-rule within a broader nation-state; and • asserting specific rights as defined by the basic laws and through specific processes of the nation-state. The UNDRIP provisions on the right to self-determination and self-government are among the most contentious. This was seen during the drafting process of the UNDRIP until the stage of its final adoption. During implementation, too, this may pose challenges, particularly because the right is easily prone to be interpreted as a threat to the national sovereignty and territorial integrity of UN member-states. There is no explicit UNDRIP provision that refers to an indigenous people’s right to create an independent state. Indeed, Article 46 clearly states: Nothing in this Declaration may be…construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States. But the underlying concept of the right to self-determination and indigenous peoples’ rights in general may, in certain respects, support the legal and moral bases for a people to create their own state. Whether this extent of self-determination applies to a given situation depends on historical, political, legal and other contexts. For indigenous peoples whose occupancy of their homeland territories remains intact, the right to self-government is best exercised on a territorial basis. It can be applied over a formal- ly-delineated and usually contiguous geographic area: national, federal, intermediate regional, state, provincial or local district, prefecture, municipality, etc., according to the hierarchy of political divisions adopted by nation-states. • In some cases, the territorial boundaries of indigenous self-government units within na- tion-states coincide with the boundaries of general administrative units such as regions, provinces, districts, etc.. Example: the provinces that now constitute the Autonomous Re- gion of Muslim Mindanao ARMM in the Philippines. Module-1 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 26 In other situations, the scope of an indigenous self-government system may be a defined socio-political or ethnic but non-territorial constituency, whereby the units are not clearly de- marcated into contiguous geographic areas. Examples: • The Saami in Norway, Sweden and Finland do not have territorially demarcated self-government units, but have a Saami Parliament each in the aforesaid three countries. • Similarly, there is an Assembly of First Nations in Ottawa, Canada, where indigenous chiefs from all over Canada meet.3. National and international contexts
The right to self-determination and self-government may be said to operate in international contexts, insofar as they are applied to cases that may involve fundamental changes in the po- litical relationship between an indigenous people or a conglomerate of indigenous peoples and one or more nation-states. Examples include Greenland as an autonomous region with the option to declare full independence vis-à-vis Denmark; or East Timor winning full political inde- pendence and international recognition vis-à-vis Indonesia. In national contexts, indigenous peoples exercise some degree of self-rule over some defined geographic area or political constituency within the boundaries of the overlying nation-state.4. Essence
The essence of the right to self-determination is actually embodied in just two words: con- sent and control. • Consent This is the freedom of a people to say yes or no, to accept or reject any proposal, project, pro- gram or policy, any activity or action that has any sort of implication on their individual lives and their life as a community, and on their territory, the lands this encompasses, the other resources it holds. A people can exercise this freedom within any context, whether or not the people are self-governing. • Control A people, however, may be able to exercise greater power – i.e., the power of control. More than just having the freedom to react positively or negatively to the initiatives of others, they can actively some use the word pro-actively set their own guidelines or rules, formulate their own laws and policies, outline their own programs and projects, and get these enforced or imple- mented. They are able to exercise full sovereignty over their life as a community, their territory, the lands it encompasses and the other resources it holds. Such a people fully enjoy the right to self-determination because they are fully self-governing. UN DECLARATIONS AND STUDIES Martínez, Miguel Alfonso Rapporteur. 1999. Study on Treaties, Agreements and Oth- er Constructive Arrangements between States and Indigenous Populations ECN.4 Sub.2199920, 22 June 1999. Module-1Parts
» BACKGROUND UNDRIP MANUAL FINAL AIPP
» THE DECLARATION UNDRIP MANUAL FINAL AIPP
» The 24 Preambular Paragraphs THE CONTENT
» The 46 Operaional Aricles THE CONTENT
» The Provisions Of The UNDRIP By Themaic Area
» Introduction EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Signatories and Parties Treaties
» Agreements Conventions EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Charters Protocols EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Declarations EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Exchange of Notes Memoranda Of Understanding
» Adoption GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Acceptance and Approval GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Accession GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Amendment GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Authentication GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Correction of Errors GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Declarations GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Entry into Force Definitive Signature
» Exchange of LettersNotes Definitive Signature
» Full Powers Definitive Signature
» Ratification Registration and Publication Reservation
» Signature Subject to Ratification, Acceptance or Approval
» Right to self-determination Deiniion of terms and scope
» Right to self-government Deiniion of terms and scope
» National and international contexts
» Essence Deiniion of terms and scope
» Core Aricles UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT
» Related Aricles UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT
» General Situaion REALITIES ON THE GROUND
» Right to self-determination Laws and Policies Related to the Recogniion of the Right
» Right to self-government Laws and Policies Related to the Recogniion of the Right
» Treaties Laws and Policies Related to the Recogniion of the Right
» The right to self-determination
» Examples in the Asian setting: Examples from outside Asia:
» Examples in the Asian setting: Example from outside Asia:
» Examples in the Asian setting:
» Other medium-level examples within Asia are:
» At the international and national levels
» Challenges regarding strategies Needs, Capaciies, Strategies
» Chittagong Hill Tracts, Bangladesh
» Deiniion of Terms INTRODUCTION
» Core Aricles UNDRIP PROVISIONS FOR FPIC
» Related Aricles UNDRIP PROVISIONS FOR FPIC
» REALITIES ON THE GROUND; EXPERIENCES AND LESSONS LEARNED
» Needs, Capaciies, Strategies CHALLENGES
» Implementaion and Monitoring CHALLENGES
» Definition of terms Background
» Core Aricles UNDRIP PROVISIONS RELATED TO CUSTOMARY LAW
» Related Aricles UNDRIP PROVISIONS RELATED TO CUSTOMARY LAW
» Laws and Policies Related to the Recogniion of the Right
» Challenges in Implementaion REALITIES ON THE GROUND
» Advocacy and Lobbying Related to the Right
» Acion and Mobilizaion to Defend Rights
» Actual Exercise of the Right
» Needs, Capaciies, Strategies Implementaion Monitoring
» Land is the basis of livelihood.
» Territorial rights Non-recognition by the state
» Indigenous peoples’ customary law and state law
» Opional Secion Indigenous peoples’ systems of resource management and conservaion
» Core Aricles UNDRIP PROVISIONS ON RIGHTS TO LAND, TERRITORY RESOURCES
» On the right to redress for past injustices
» On the right to means of subsistence and to development
» On the recognition of indigenous peoples’ conservation and protection of the environ- ment
» On land, territory, resources and the right to self-determination
» Challenges in having good laws and policies implemented
» Actual Exercise of Land-resource Rights Within the Exising Government Frame- work
» Advocacy and lobby EXPERIENCES AND LESSONS LEARNED
» Asserive Acion and Mobilizaion
» Challenges regarding needs: Needs, capacities, strategies
» Challenges regarding capacities Needs, capacities, strategies
» Challenges regarding strategies Needs, capacities, strategies
» Implementation SOME GUIDANCE FOR THE TRAINERS
» Monitoring SOME GUIDANCE FOR THE TRAINERS
» Culture as Basic Component of Indig- enous Idenity
» The Cultural Rights of Indigenous Peoples
» Cultural Rights in Internaional Instruments Prior to UNDRIP
» In the Succeeding Articles Article 8
» The erosion, degradation, or destruc- tion of indigenous cultures
» Plunder and exploitation of indigenous culture
» Laws and Policies, Good and Bad
» EXPERIENCES AND LESSONS LEARNED
» Some Suggested Strategies CHALLENGES
» Development aggression Mainstream Development Issues
» Loss of both food sovereignty and subsistence security
» Vulnerability to exploitation Market integration
» Degradation of land and other natural resources, disruption of ecosystem balance
» Migration and human resource deple- tion.
» The question of human development
» The human rights-based approach to development
» The concept of sustainable development
» Indigenous economic systems Mainstream Development Issues
» Traditional occupations Mainstream Development Issues
» Traditional healing Mainstream Development Issues
» Indigenous knowledge Mainstream Development Issues
» Traditional education Mainstream Development Issues
» Access to mainstream education, information and mass media
» Socio-cultural continuity Mainstream Development Issues
» Comprehensive Provisions on Devel- opment
» Speciic Provisions on Health
» Speciic Provisions on Indigenous Knowledge, Educaion, Informaion and Mass Media
» Development aggression General Situaion
» Market integration General Situaion
» Indigenous economy and culture
» Laws and Policies REALITIES ON THE GROUND
» EXPERIENCES UNDRIP MANUAL FINAL AIPP
» Forced migration Forms of Migraion
» Temporary migration Voluntary migration
» Seasonal migration Voluntary migration
» Permanent migration Voluntary migration
» Seeking peace: migration to escape oppression and violence
» Eking out a living: migration to escape poverty
» Cross-border migration: lack of legal status
» Urban migration: alienation and assimilation
» Life away from home: how indigenous migrants adapt to their new environment
» The Issue of Indigenous Territories Divided by Internaional Borders
» On ciizenship UNDRIP PROVISIONS RELATED TO MIGRATION BY INDIGENOUS PEOPLES
» Relocation Laws and Policies on the Rights of Migrants 1. Citizenship and immigration laws
» How Rights are Respected or Violated CHALLENGES IN HAVING GOOD LAWS AND POLICIES IMPLEMENTED
» Challenges regarding capacities: Challenges regarding strategies:
» Implementation Monitoring Some Guidance for the Trainers
» Scope and Deiniion of Militarizaion
» Universal Declaration of Human Rights 1948 Article 1
» Convention on Civil and Political Rights
» Vienna Declaration and Programme of Action, July 1993 Part I
» Aricles UNDRIP PROVISIONS ON HUMAN RIGHTS AND MILITARIZATION A. Preamble
» General Situation REALITIES ON THE GROUND
» Negative laws NATIONAL LAWPOLICY
» Positive laws NATIONAL LAWPOLICY
» Positive laws are not implemented or only passively, while negative laws are more
» Conflicts between national and local governments. Conflicts commonly exist between
» Persistent militarist mindset. A persistent militarist mindset continues to exist not only
» Particular defects as well as openings in the legal and judicial system. In each coun-
» Advocacy, Collecive and Asserive Ac- ions
» Actual Exercise of Human Rights
» Lessons Learned EXPERIENCES AND LESSONS LEARNED
» Conlict of Naional Laws with Inter- naional Laws
» Government Programs in Conlict with Human Rights
» Weaknesses in the Judicial System
» INTRODUCTION UNDRIP MANUAL FINAL AIPP
» UNDRIP PROVISIONS FOR THE SPECIAL SECTORS
» National laws on special sectors
» Women EXPERIENCES AND LESSONS IN ASSERTING RIGHTS
» Know our rights Lessons Learned
» Organizing and self-organization Lessons Learned
» Collective action to demand, protect and defend our rights
» Lobby and advocacy work to pressure government to recognize and respect our rights
» What do you think are the challenges faced by
» Capacity building to overcome discrimination and awareness-raising on their rights.
» Gauge the Poliical Situaion:
» Assess the condiion of your campaign machinery:
» Informaion and Educaion BASIC COMPONENTS OF A CAMPAIGN
» Mass Mobilizaion, Mass Acion
» Deine clearly: OUTLINING A CAMPAIGN PLAN
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