Aricles UNDRIP PROVISIONS ON HUMAN RIGHTS AND MILITARIZATION A. Preamble

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 172 Article 29 2. States shall take effective measures to ensure that no storage or disposal of hazardous ma- terials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent. Article 30 1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. 2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, pri- or to using their lands or territories for military activities. Article 33 1. Indigenous peoples have the right to determine their own identity or membership in ac- cordance with their customs and traditions. This does not impair the right of indigenous indi- viduals to obtain citizenship of the States in which they live. 2. Indigenous peoples have the right to determine the structures and to select the member- ship of their institutions in accordance with their own procedures. Article 37 1. Indigenous peoples have the right to the recognition, observance and enforcement of trea- ties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrange- ments. 2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements. Article 44 Nothing in this Declaration may be con- strued as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future.

III. REALITIES ON THE GROUND

A. General Situation

Being driven away from ancestral lands for development projects. Being suspected as insurgents when they oppose government programs and projects. Being subjected to militarization, with concomittant cases of ha- rassment, physical and psychological torture, and intimidation. These are but some of the human rights violations, which the indigenous peoples of Asia have experienced for decades despite the existence of human rights laws and instruments. Choose the appropriate method or combination of methods among the following: • Sharing of experiences or documented cases • Short video documentary • Guided open discussion Synthesize the main points that arise in the process. You may wish to include the points below. Suggested Method Module-8 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 173 The state commonly resorts to militarization in IP communities especially in areas where there is strong opposition against a planned government project or policy. In these cases, the armed forces establish military camps within or just beside the communities, which they use as base for military operations. These result in numerous human rights violations, including cases of rape, civilians used as human shields, disruption of economic activities of the people, ethno- cide, and relocation. In addition, military efforts to establish and expand local paramilitary forces and intelligence networks within the community likewise create divisions among the people. These acts of militarization are often justified by laws and provisions at the national and lo- cal levels. These laws legalize numerous types of human rights violations, the military takeover of civilian functions, and the executive assumption of emergency powers. Most of the laws were crafted supposedly to combat terrorism and insurgency or in response to a state of emergency. In addition, rights of indigenous peoples already formally recognized by the state continue to be violated due to non-implementation of laws, conflicting laws and interpretation of laws, introduction of loopholes in implementing rules, and other means by which these rights are diluted or negated in actual practice.

B. Naional Laws and Policies

1. Negative laws NATIONAL LAWPOLICY

CONTENT FURTHER REFERENCES Law No 342004 on The TNI still maintains the Army’s Usman Hamid and Saiful National Armed Forces territorial command structure, such Haq, “TNI reform: No Tentara Nasional as Kodam military regional more business as usual,” Indonesia in Indonesia command, Korem military regiment The Jakarta Post, command, Kodim the military Indonesia, 17 Oct 2008 district command and Babinsa village guidance, which continue to control indigenous and local institutions and to appropriate natural resources and indigenous peoples’ territories as well. Law No 152003 on Anti- To prove initial evidence of terrorism, Simon Butt, Anti- Terrorist Law in Indonesia police can refer to any intelligence Terrorism Law and evidence article 26. Terrorist Criminal Process in activities may include any activity Indonesia, University of that assists terrorist by lending Melbourne, Australia money, hiding information alc.law.unimelb.edu.au article 13. download.cfm?DownloadF ile=90A180E0-1422207C- BA7D439277CCFF7A download Jakarta, May 2009 Prepare and present a matrix of laws and policies, as below. Suggested Method Module-8