On land, territory, resources and 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 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP

IV. EXPERIENCES AND LESSONS LEARNED

A. Actual Exercise of Land-resource Rights Within the Exising Government Frame- work

Case study 1. Ancestral domain titling in the Philippines In the Philippines, the Indigenous Peoples Rights Act IPRA or Republic Act 8371 recognizes the right of indigenous peoples to obtain paper titles to their ancestral do- mains. The official document issued in recognition of the collective land rights of indig- enous communities is called Certificate of Ancestral Domain Title CADT. As of June 2008, 71 CADTs have been approved, covering 1.6 million hectares and over 300,000 beneficiaries. Gaps Analysis UNDRIP NATIONAL OR GAPS CONSIDERATIONS OPTIONS PROVISIONS ON LOCAL LAWS IMPLICATIONS RECOMMENDATIONS LAND, TERRITORY OR POLICIES RESOURCES Paragraph or Specific laws, Specific laws, Can current laws, What needs to be Article number policies policies NOT policies be used to done? How? By conforming conforming support indigenous whom? Where? with UNDRIP with UNDRIP peoples’ positions When? For how or interests? Are long? there loopholes in the law that can be used for or against indigenous peoples? Should the matter be approached legally? Or politically? Laws And Policies Articles 25 26, 8 10, 27 Adjudication Articles 27 Redress Articles 28 Governance Articles 20 29 FPIC Articles 19 90 Module-4