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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
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withdrawal of military detachments inside indigenous territories. These mobilizations – rallies, dialogues, pickets, etc. – succeeded in causing the pullout of abusive soldiers
and military detachments that were committing human rights violations and causing social problems like gambling and drunkenness.
2. The information and education campaign of the government’s Commission on Human Rights now includes collective rights of indigenous peoples, which was not part
of its human rights education in the past. This reflects the mainstreaming and integra- tion of indigenous peoples’ rights education in different languages, which was a result
of the sustained lobby and advocacy by Philippine indigenous peoples for the inclusion of indigenous peoples’ rights in the general human rights framework.
India
3. In the Naga area in Manipur, Northeast India, peoples’ protests to remove the military outpost from the town were successful. Women’s organizations were able to
rescue civilians arrested by the military.
Indonesia
4. The Alternative Report on ICERD submitted to UN Committee on ICERD 1 June 2007 by Indonesian Civil Society Movement included indigenous peoples. The report
brought up the issue of racial discrimination, including the discrimination against in- digenous peoples suku Anak Dalam, Dayak, Papua by various laws and policies, and
by government projects and private companies in and around indigenous territory. The report also touched on issues of racial discrimination against certain ethnic groups. Re-
sponding to this report, the government opened up to linkages for discussion with civil society, including indigenous peoples’ organizations.
B. Actual Exercise of Human Rights
EXAMPLES OF ACTUAL EXERCISE OF HUMAN RIGHTS Indonesia
1. In the community of Ambon, Maluku, the military was behind the conflict be- tween two religious groups among the people. Community leaders used the adat, or the
customary way of conflict resolution, which resulted in the withdrawal of the military.
2. Community protection of forests against private companies and protected areas is seen in the Lorelindu National Park in Indonesia. The indigenous women’s organi-
zation is strong in the locality, and is able to protect the forest using customary forest management. A woman leader from Natatoro, organized under the village government,
is renowned for her leadership in the struggle to protect their forests.
Note: Adat has a long history in Indonesia as part of the legacy of Dutch colonial
rule. In this sense, village government could be also called adat government. When the indigenous peoples’ movement grew stronger and succeeded in its lobby especially at the
Module-8
