Needs, Capaciies, Strategies CHALLENGES
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-2Parts
» BACKGROUND UNDRIP MANUAL FINAL AIPP
» THE DECLARATION UNDRIP MANUAL FINAL AIPP
» The 24 Preambular Paragraphs THE CONTENT
» The 46 Operaional Aricles THE CONTENT
» The Provisions Of The UNDRIP By Themaic Area
» Introduction EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Signatories and Parties Treaties
» Agreements Conventions EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Charters Protocols EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Declarations EXCERPTS FROM THE UN TREATY REFERENCE GUIDE
» Exchange of Notes Memoranda Of Understanding
» Adoption GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Acceptance and Approval GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Accession GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Amendment GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Authentication GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Correction of Errors GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Declarations GLOSSARY OF TERMS RELATING TO TREATY ACTIONS
» Entry into Force Definitive Signature
» Exchange of LettersNotes Definitive Signature
» Full Powers Definitive Signature
» Ratification Registration and Publication Reservation
» Signature Subject to Ratification, Acceptance or Approval
» Right to self-determination Deiniion of terms and scope
» Right to self-government Deiniion of terms and scope
» National and international contexts
» Essence Deiniion of terms and scope
» Core Aricles UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT
» Related Aricles UNDRIP PROVISIONS ON SELF-DETERMINATION AND SELF-GOVERNMENT
» General Situaion REALITIES ON THE GROUND
» Right to self-determination Laws and Policies Related to the Recogniion of the Right
» Right to self-government Laws and Policies Related to the Recogniion of the Right
» Treaties Laws and Policies Related to the Recogniion of the Right
» The right to self-determination
» Examples in the Asian setting: Examples from outside Asia:
» Examples in the Asian setting: Example from outside Asia:
» Examples in the Asian setting:
» Other medium-level examples within Asia are:
» At the international and national levels
» Challenges regarding strategies Needs, Capaciies, Strategies
» Chittagong Hill Tracts, Bangladesh
» Deiniion of Terms INTRODUCTION
» Core Aricles UNDRIP PROVISIONS FOR FPIC
» Related Aricles UNDRIP PROVISIONS FOR FPIC
» REALITIES ON THE GROUND; EXPERIENCES AND LESSONS LEARNED
» Needs, Capaciies, Strategies CHALLENGES
» Implementaion and Monitoring CHALLENGES
» Definition of terms Background
» Core Aricles UNDRIP PROVISIONS RELATED TO CUSTOMARY LAW
» Related Aricles UNDRIP PROVISIONS RELATED TO CUSTOMARY LAW
» Laws and Policies Related to the Recogniion of the Right
» Challenges in Implementaion REALITIES ON THE GROUND
» Advocacy and Lobbying Related to the Right
» Acion and Mobilizaion to Defend Rights
» Actual Exercise of the Right
» Needs, Capaciies, Strategies Implementaion Monitoring
» Land is the basis of livelihood.
» Territorial rights Non-recognition by the state
» Indigenous peoples’ customary law and state law
» Opional Secion Indigenous peoples’ systems of resource management and conservaion
» Core Aricles UNDRIP PROVISIONS ON RIGHTS TO LAND, TERRITORY RESOURCES
» On the right to redress for past injustices
» On the right to means of subsistence and to development
» On the recognition of indigenous peoples’ conservation and protection of the environ- ment
» On land, territory, resources and the right to self-determination
» Challenges in having good laws and policies implemented
» Actual Exercise of Land-resource Rights Within the Exising Government Frame- work
» Advocacy and lobby EXPERIENCES AND LESSONS LEARNED
» Asserive Acion and Mobilizaion
» Challenges regarding needs: Needs, capacities, strategies
» Challenges regarding capacities Needs, capacities, strategies
» Challenges regarding strategies Needs, capacities, strategies
» Implementation SOME GUIDANCE FOR THE TRAINERS
» Monitoring SOME GUIDANCE FOR THE TRAINERS
» Culture as Basic Component of Indig- enous Idenity
» The Cultural Rights of Indigenous Peoples
» Cultural Rights in Internaional Instruments Prior to UNDRIP
» In the Succeeding Articles Article 8
» The erosion, degradation, or destruc- tion of indigenous cultures
» Plunder and exploitation of indigenous culture
» Laws and Policies, Good and Bad
» EXPERIENCES AND LESSONS LEARNED
» Some Suggested Strategies CHALLENGES
» Development aggression Mainstream Development Issues
» Loss of both food sovereignty and subsistence security
» Vulnerability to exploitation Market integration
» Degradation of land and other natural resources, disruption of ecosystem balance
» Migration and human resource deple- tion.
» The question of human development
» The human rights-based approach to development
» The concept of sustainable development
» Indigenous economic systems Mainstream Development Issues
» Traditional occupations Mainstream Development Issues
» Traditional healing Mainstream Development Issues
» Indigenous knowledge Mainstream Development Issues
» Traditional education Mainstream Development Issues
» Access to mainstream education, information and mass media
» Socio-cultural continuity Mainstream Development Issues
» Comprehensive Provisions on Devel- opment
» Speciic Provisions on Health
» Speciic Provisions on Indigenous Knowledge, Educaion, Informaion and Mass Media
» Development aggression General Situaion
» Market integration General Situaion
» Indigenous economy and culture
» Laws and Policies REALITIES ON THE GROUND
» EXPERIENCES UNDRIP MANUAL FINAL AIPP
» Forced migration Forms of Migraion
» Temporary migration Voluntary migration
» Seasonal migration Voluntary migration
» Permanent migration Voluntary migration
» Seeking peace: migration to escape oppression and violence
» Eking out a living: migration to escape poverty
» Cross-border migration: lack of legal status
» Urban migration: alienation and assimilation
» Life away from home: how indigenous migrants adapt to their new environment
» The Issue of Indigenous Territories Divided by Internaional Borders
» On ciizenship UNDRIP PROVISIONS RELATED TO MIGRATION BY INDIGENOUS PEOPLES
» Relocation Laws and Policies on the Rights of Migrants 1. Citizenship and immigration laws
» How Rights are Respected or Violated CHALLENGES IN HAVING GOOD LAWS AND POLICIES IMPLEMENTED
» Challenges regarding capacities: Challenges regarding strategies:
» Implementation Monitoring Some Guidance for the Trainers
» Scope and Deiniion of Militarizaion
» Universal Declaration of Human Rights 1948 Article 1
» Convention on Civil and Political Rights
» Vienna Declaration and Programme of Action, July 1993 Part I
» Aricles UNDRIP PROVISIONS ON HUMAN RIGHTS AND MILITARIZATION A. Preamble
» General Situation REALITIES ON THE GROUND
» Negative laws NATIONAL LAWPOLICY
» Positive laws NATIONAL LAWPOLICY
» Positive laws are not implemented or only passively, while negative laws are more
» Conflicts between national and local governments. Conflicts commonly exist between
» Persistent militarist mindset. A persistent militarist mindset continues to exist not only
» Particular defects as well as openings in the legal and judicial system. In each coun-
» Advocacy, Collecive and Asserive Ac- ions
» Actual Exercise of Human Rights
» Lessons Learned EXPERIENCES AND LESSONS LEARNED
» Conlict of Naional Laws with Inter- naional Laws
» Government Programs in Conlict with Human Rights
» Weaknesses in the Judicial System
» INTRODUCTION UNDRIP MANUAL FINAL AIPP
» UNDRIP PROVISIONS FOR THE SPECIAL SECTORS
» National laws on special sectors
» Women EXPERIENCES AND LESSONS IN ASSERTING RIGHTS
» Know our rights Lessons Learned
» Organizing and self-organization Lessons Learned
» Collective action to demand, protect and defend our rights
» Lobby and advocacy work to pressure government to recognize and respect our rights
» What do you think are the challenges faced by
» Capacity building to overcome discrimination and awareness-raising on their rights.
» Gauge the Poliical Situaion:
» Assess the condiion of your campaign machinery:
» Informaion and Educaion BASIC COMPONENTS OF A CAMPAIGN
» Mass Mobilizaion, Mass Acion
» Deine clearly: OUTLINING A CAMPAIGN PLAN
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