Monitoring SOME GUIDANCE FOR THE TRAINERS

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP National judicial processes and human rights mechanisms, as well as international human rights mechanisms are possible venues for monitoring implementation of laws or legal reforms on the right to land, territory and resources. This implies the need for strong national-level advocacy and lobby groups, e.g. national alli- ances of indigenous organizations, as well as the continuous presence of indigenous representa- tives in the various processes within the United Nations. REFERENCES Clarke, William C. 1977. “The Structure of Permanence: The Relevance of Self-subsis- tence Communities for World Ecosystem Management” in Bayliss-Smith, T.P. and R.G. Feachem. Subsistence and Survival: Rural Ecology in the Pacific London: Academic Press. Colchester, Marcus. 1994. “Salvaging Nature: Indigenous Peoples, Protected Areas and Biodiversity Conservation,” UNRISD Discussion Paper 55 Geneva: United Nations Re- search Institute for Social Development. Daes, Erica-Irene A. 2001. “Prevention of Discrimination and Protection of Indigenous Peoples and Minorities: Indigenous Peoples and Their Relationship to Land,” Final working paper prepared by the Special Rapporteur, Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Fifty-third ses- sion, Item 5 of the provisional agenda, UN Document No. ECN.4Sub.2200121, 11 June 2001. Erni, Christian. 1997. “Indigenous Peoples, Environment and Development: Approach- ing the Issue” in Büchi, S. et al. Indigenous Peoples, Environment and Development, Proceedings of the conference, Zurich, May 15-18, 1995, IWGIA Document No. 85 In- ternational Work Group for Indigenous Affairs and University of Zurich Department of Social Anthropology. Erni, Christian. 2000. “The Indigenous Peoples of Indochina” in Indigenous Affairs 42000 Copenhagen: IWGIA. Map source: Poffenberger, Mark, ed. 2000. Commu- nities and Forest Management in Southeast Asia, A Regional Profile of the Working Group on Community Involvement in Forest Management International Union for the Conservation of Nature. Lebar, F. M., G. C. Hickey, and J.K. Musgrave, eds. 1964. Ethnic Groups of Mainland South- east Asia New Haven: Human Relation Area Files Press. Plant, Roger. 2002. Indigenous Peoples, Ethnic Minorities and Poverty, Regional Re- port, Environmental and Social Safeguard Division, Regional and Sustainable Develop- ment Department, Asian Development Bank Manila. Poffenberger, Mark et.al. 1996. Grassroots Forest Protection: Eastern Indian Experi- ences, Asia Forest Network, Research Network Report No. 7 Berkeley: University of California Center for Southeast Asia Studies. Prill-Brett, June. 1986. “The Bontok: Traditional Wet-Rice and Swidden Cultivators of the Philippines” in Marten, G.G., ed. Traditional Agriculture in Southeast Asia: A Hu- man Ecology Perspective Boulder: Westview: 54-83. Society for Promotion of Wasteland Development. 1993. Joint Forest Management: Concept Opportunities, Proceedings of the National Workshop held at Surajkund, August 1992 New Delhi. Stavenhagen, Rodolfo. 2004. “Indigenous Peoples in Comparative Perspective – Prob- lems and Policies,” United Nations Development Programme, Human Development Report Office, Occasional Paper, Background paper for HDR 2004, 200414. 100 Module-4 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 101 Cultural Rights Prepared by Lulu A. Gimenez Module 5 OBJECTIVES 1. To shed light on the matter of cultural rights and the violation of these; 2. To present UNDRIP provisions on cultural rights to the participants and get them to discuss these in relation to the reality in their locality, in their country; 3. To get participants to consider and plan actions and projects: a. for the implementation of UNDRIP provisions on cultural rights in their locality, in their coun- try; and b. in the exercise of their cultural rights as provided for in the UNDRIP. CONTENTS I. CULTURE AND CULTURAL RIGHTS II. CULTURAL RIGHTS IN THE UNDRIP A. In the preamble B. In the succeeding articles III. THE REALITIES ON THE GROUND A. General situation 1. The erosion, degradation, or de- struction of indigenous cultures 2. Plunder and exploitation of indig- enous culture 3. Discrimination B. Laws and policies, good and bad IV. EXPERIENCES AND LESSONS LEARNED

V. CHALLENGES

I. INTRODUCTION TO CULTURE AND CULTURAL RIGHTS

A. Culture as Basic Component of Indig- enous Idenity

Culture is not just a matter of songs, stories, music, dances and ceremonies. It is a people’s Pose the following questions, written in cards and distributed to participants. • In your country’s experience, what are the main forms by which indige- nous peoples express their culture? • What are the problems and hin- drances encountered by indigenous peoples in expressing their culture? • What do you think are the rights of indigenous peoples related to cul- ture? Collect and cluster the written replies, and synthesize the ideas of participants. Present the main content of this module, including photos and other visual mate- rial. Suggested Method Module-5 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 102 language, their way of thought, their way of life – their ways of viewing, approaching and relating with their particular environment and with the world in general. Culture distinguishes them as a people; it is integral to, and a basic component of their identity. As recognized in the UNDRIP itself, the cultural rights of indigenous peoples are inseparable from their rights to the lands and territories in which they have evolved and continue to practice their cultures. Cultural rights are also inseparable from the right to self-determination because indigenous peoples’ cultures are inextricable from their economic systems and their systems of self-government.

B. The Cultural Rights of Indigenous Peoples

For the purpose of spelling out the various rights of indigenous peoples, however, we dis- tinguish cultural rights as: • the freedom of indigenous peoples to persist in, also to develop, their own » language; » worldview, religion or belief system and spiritual traditions, philosophy and ethical system; » knowledge and learning systems, science and technology; » customs, practices or habitual ways of doing things; » music, performing arts, literature, visual and other arts; • the right to the recognition of their “ownership” or “authorship” of the above; • the right to their heritage as embodied by and transmitted through their: » history and oral traditions; » artifacts and archaeological sites; » education in these and in their culture as a whole; • the right to respect their culture and its integrity – to respect these for what they are; » the right not to be forced or pressured into acculturation – i.e., to being assimilated or integrated into another, usually more dominant, culture and, in the process, losing their own; » the right not to be discriminated against; » the right not to have their culture, or even just aspects of it, prostituted; • the right to legal redress for preventing or stopping the violaton of the above, and for resti- tution including restoration or reparation for ongoing or past violations.

C. Cultural Rights in Internaional Instruments Prior to UNDRIP

Some cultural rights were already provided for in international instruments that preceded the UNDRIP – specifically: • the International Convention on the Elimination of All Forms of Racial Discrimination, 1965, but the definition and protection of cultural rights were not yet adequately developed in this instrument; and Module-5