Positive laws NATIONAL LAWPOLICY

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 176 ed while the positive laws are only barely or ineffectively implemented. Examples of oppressive laws that are being implemented in full force: martial law in Burma, AFSPA of 1958 in Northeast India, and Oplan Bantay Laya in the Philippines. 2. Government uses inconsistent and fragmented approach rather than human rights- based approach. Governments often rely on compartmentalized or sectoral approaches that result in fragmented, inconsistent, or even contradictory implementation of laws and social ser- vices as applied to indigenous peoples. This is in contrast to the holistic and human-rights-based approach, which is more effective. In addition, corrupt practices that are rampant within the government result in the misuse and depletion of funds supposedly allocated for indigenous peoples.

3. Conflicts between national and local governments. Conflicts commonly exist between

between the national and local governments, particularly in the jurisdiction or division of pow- ers and functions that are relevant to human rights police powers and courts, for example, and in the allocation and use of public resources. In most cases, national government priorities predominate, and local government concerns are relegated to the sidelines. These issues are also connected to the question of autonomy and self-government in indigenous territories.

4. Persistent militarist mindset. A persistent militarist mindset continues to exist not only

within the armed forces, but also among civilian agencies and supposedly civilian law enforce- ment services. This mindset is totally hostile to the concept of human rights and its strict ob- servance even in war or emergency conditions. It constantly erodes efforts to strictly observe human rights in actual practice, especially during military and police operations.

5. Particular defects as well as openings in the legal and judicial system. In each coun-

try or state system, we can identify particular defects as well as openings in the legal and judicial system that pose either advantages or disadvantages in the implementation of human rights laws. Examples of defects and disadvantages: legal technicalities such as prescription expiration of case due to passage of many years, non-applicability to cases prior to the adoption of human rights laws, and immunity of officials to suit, which are often invoked by governments to escape accountability for their human rights violations. This is on top of judicial corruption and intimi- dation, which results in the dismissal of human rights cases. Examples of openings and advan- tages: the possibility of indigenous systems of law being used instead of, or to complement, the modern legal and judicial system in protecting the human rights of IPs and in pursuing human rights cases.

IV. EXPERIENCES AND LESSONS LEARNED

A. Advocacy, Collecive and Asserive Ac- ions

EXAMPLES OF ADVOCACY, COLLECTIVE AND ASSERTIVE ACTIONS Philippines 1. People’s organizations and com- munities launched anti-militarization mobilizations in Cordillera to demand the Share the examples provided below or ask the participants to engage in a shar- ing of experiences, but provide questions to guide them. Synthesize and input the lessons and tips below. Suggested Method Module-8