Challenges regarding strategies Needs, capacities, strategies

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP In most cases, however, such laws are either absent or defective, insufficient or inappropri- ate. Indigenous peoples and their communities, leaders and organizations therefore need to de- velop joint strategies to address this fundamental problem. The UNDRIP can help them raise the issue and push governments to acknowledge the need for legal reform. The trainer can provide inputs on advocacy and lobbying strategies at different levels, i.e. local, national and international. A first step can be a thorough review of existing laws and policies with regards the right to land, territory and resource, to identify the gaps and needs for changes, amendments or entirely new laws and policies. Building alliances among indigenous peoples, and with support groups and supportive indi- viduals, like lawyers, and legal aid and advocacy groups, is crucial. Gaining the attention of the public through media can help, not only to build up pressure on governments, but also to provide protection to leaders in politically repressive countries. On the other hand, too much publicity may be counterproductive, exposing leaders and their orga- nizations too much. The appropriate balance depends entirely on the political context they are working in. Using not only UNDRIP but other international human rights mechanisms the Human Rights Council, the UN Special Rapporteurs, or Treaty Bodies like the Committee on the Elimination of Racial Discrimination, the Covenant on Civil and Political Rights, the Covenant on Economic, So- cial, and Cultural Rights, etc. can help build up pressure on national governments.

2. Implementation

In some cases, existing laws and policies may provide sufficient protection of indigenous peoples’ right to land, territory and resources. The major challenge here is enforcing the law. Lack of implementation and weak enforcement of laws is a main problem throughout the re- gion. Trainers should facilitate a discussion on the state of affairs with respect to the implementa- tion and enforcement of laws. What are the experiences at the local level? Why are laws not properly implemented? What can they do about it? What strategies can be developed to force governments to prop- erly implement the law?

3. Monitoring

Indigenous peoples need to continuously monitor the implementation or enforcement of existing laws, as well as the legal revisions and reforms which they are demanding from govern- ments. 99 Module-4 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