On the recognition of indigenous peoples’ conservation and protection of the environ- ment

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP LINKS The rights of indigenous peoples and their contribution to the conservation of biodi- versity has been explicitly recognized in Agenda 21 adopted at the World Conservation Congress in Rio de Janeiro in 1992, and the UN Convention on Biological Diversity in particular article 8j.

5. On land, territory, resources and the right to self-determination

Inseparably linked to the recognition of the right to land, territory and resources are provi- sions for basic rights to self-determination, representation and decision-making. These are more extensively dealt with in a separate module on self-determination. They include the following. Article 18 Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institu- tions. Article 19 States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may af- fect them. LINKS The UNDRIP is so far the only international legal instrument that explicitly recognizes indigenous peoples’ territorial rights and right to self-determination. Article 1 of the Charter of the United Nations, however, upholds the self-determination of peoples as one of the UN’s basic principles. According to the Charter, the second purpose of the UN is: To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace. Indigenous peoples have ever since fought hard to be equally recognized as peoples, and therefore be granted the right to self-determination. RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP Ask the participants to assess the situation in their particular country with respect to laws and policies as well as procedures pertaining to the rights to land, territory and resources, as elaborated below. Have them fill up a Gaps Analysis table. Suggested Method

III. THE REALITIES ON THE GROUND; HOW RIGHTS ARE RESPECTED OR VIOLATED

A. Laws and Policies on the Rights to Land, Territory and Resources

1. Laws and policies

What are the main laws and policies on land and resource rights?

2. Adjudication

How are cases of dispute or conflict over land and resources dealt with?

3. Redress

What happens when communities or individuals have been dispossessed? Are there mecha- nisms for restitution or compensation?

4. Governance, management and conservation

What are the laws and policies related to governance, management and conservation of land and resources?

5. FPIC and development projects

What are the official procedures when the state or private corporations launch development or resource extraction projects in indigenous peoples’ territories?

B. Challenges in having good laws and policies implemented

Illustrative examples include the Autonomous District Councils ADCs in Northeast India, the Indigenous Peoples’ Rights Act IPRA in the Philippines, and the Chittagong Hill Tracts CHT Land Commission. Discuss examples of good laws or policies but weak implementation, then ask participants to cite simi- lar examples in their own country. Suggested Method