Needs, Capaciies, Strategies CHALLENGES

RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 50 Correspondingly, we can say that the major concerns are • what strategy should indigenous peoples employ to achieve such legislation, and • whether indigenous peoples have the capacity to implement such a strategy.

B. Implementaion and Monitoring

In some Asian countries, the challenge is not the absence of favorable laws or policies but rather the violation or non-implementation of these, as is the case in the Philippines. In such cases, the challenge to indigenous peoples is that: • They be vigilant and keep track of all policies, programs and projects, actions and activities outlined for them or their territories. • They demand that each and every policy, program and project, action and activity affecting them go through the FPIC process – i.e.: » • prior to the implementation of the policy, program or project, action or activity, » • all information about it and its implications be divulged to their communities; » • their communities are afforded time to deliberate the matter according to custom- ary processes; » • their communities are given freedom to say yes or no, and their answer will be respected. • If communities consent to a policy, program or project, action or activity, they deliber- ate among themselves what terms or conditions they should ask for, negotiate for these assertively and lay these down clearly in a memorandum of agreement with the entity con- cerned. • They monitor the implementation of the agreement vigilantly. 1.The trainers should discuss with the participants the current situation of capacity needs of the communities, their weaknesses and strengths, and the possible forms of training, organizational reforms, networking etc., that may be required to enhance the capacities of indigenous peoples’ organizations. 2.The discussions on capacities should be at all levels: local, na- tional, international. It is very common to find that most indige- nous peoples’ organizations have little or no voice in their national capitals. Thus capacity-raising of indigenous peoples’ organiza- tions at national levels could constitute an integral part of the trainings. Besides the capacity for lobbying national legislators, the capacity for media projection should be considered, likewise the possibility of establishing a national network of indigenous peoples’ organizations with an office in the national capital. Note to trainers 1. The capacity to handle technical information and assess their implications is, in many cases, lacking among communities. This is a challenge in itself – one that needs to be seriously addressed if efforts to secure FPIC implementation are to be effective. 2. As above, the need for organization and networking is a signifi- cant challenge. Note to trainers Module-2 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 51 REFERENCES CITED Colchester, Marcus and Fergus MacKay. 2004. “In Search of Middle Ground: Indigenous Peoples, Collective Representation and the Right to Free, Prior and Informed Con- sent,” paper presented to the 10th Conference of the International Association for the Study of Common Property, Oaxaca, August 2004. Committee on the Elimination of Racial Discrimination CERD. 1997. General Recom- mendation XXIII 51 concerning Indigenous Peoples adopted at the Committee’s 1235th meeting, 18 August 1997. UN Doc. CERDC51Misc.13Rev.4. Economic and Social Council. 2003a. Commentary of the Sub-Commission on the Pro- motion and Protection of Human Rights on the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights. UN Doc. ECN.4Sub.2200338Rev.2. ________________________. 2003b. Report of the Special Rapporteur on the Situation of Hu- man Rights and Fundamental Freedoms of Indigenous People, Rodolfo Stavenha- gen, submitted to the Commission on Human Rights in accordance with Commis- sion resolution 200165, item 58. UN Doc. ECN.4200390. International Indian Treaty Council. 2008. “The UN Declaration on the Rights of In- digenous Peoples, Treaties and the Right to Free, Prior and Informed Consent: the Framework for a New Mechanism for Reparations, Restitution and Redress,” Con- ference Room Paper submitted to the Seventh Session of the UN Permanent Forum on Indigenous Issues, 9 March 2008. International Labour Organization. 1989. Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries. _______________________. 2009. Indigenous and Tribal Peoples’ Rights in Practice: A Guide To ILO Convention No. 169. Geneva: International Labour Office. Also at www.ilo. orgpublns. Republic of the Philippines: Congress. 1997. Republic Act No. 8371, the Indigenous Peoples’ Rights Act. Republic of the Philippines: Office of the President. 1998. Rules and Regulations Imple- menting Republic Act No. 8371, otherwise known as the Indigenous Peoples’ Rights Act. UN Development Group. 2008. Guidelines on Indigenous Peoples’ Issues. World Commission on Dams. 2000. Dams and Development: A New Framework for Decision-Making. London: Earthscan. OTHER REFERENCES Colchester, Marcus, Fergus MacKay et al. 2003. Extracting Promises: Indigenous Peo- ples, Extractive Industries and the World Bank. UK: Forest Peoples Programme and Philippines: Tebtebba Foundation. Tamang, Parshuram. 2005. “An Overview of the Principle of Free, Prior and Informed Consent and Indigenous Peoples in International and Domestic Law and Practices.” Contribution by Asia Region Indigenous Expert to the Workshop on Free, Prior and Informed Consent, Permanent Forum on Indigenous Issues, 17-19 January 2005. UN Doc. PFII2004WS.28. Vienna Declaration and Programme of Action adopted by the World Conference on Hu- man Rights on 25 June 1993. UN Doc. ACONF.15723. Module-2