Government Programs in Conlict with Human Rights

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C. Lack of Funds for Implemening Human Rights Instruments

Governments commonly do not allocate enough funds to the national human rights insti- tutions and related service agencies, as these are not considered national priorities. The lack of funds often becomes a justification for government agencies not to thoroughly implement human rights instruments, which would include the continuous work of public education and information, monitoring and documentation of the human-rights situation and specific cases, and prosecution of human rights violators. Meanwhile, governments allocate huge budgets for military operations that ravage indigenous peoples’ territories.

D. Weak Capacity of Human Rights Bodies

The human rights institutions at the national and lower levels are supposed to function as independent bodies. In many instances, however, they lack independence, clear mandate and sufficient authority, in addition to the lack of expertise and resources. In many cases, members of these institutions are political appointees that are beholden to or susceptible to manipulation by the appointing body. Their mandate and authority are limited to receive and process complaints but lack the power to redress the problem and issues. In extreme cases, these same institutions become smokescreens for the government to cover up and human rights violations against in- digenous peoples.

E. Language Limitaions in Delivering Human Rights Services

Many of the human rights instruments, as well as supporting materials such as guidelines, have not been translated into the diverse languages of indigenous peoples. This deprives many indigenous communities of the basic information on human rights and their application, as well as their enjoyment of related human rights services, even in cases where the provisions are clear.

F. Lack of Awareness About Human Rights Instruments and Bodies

As a whole, indigenous peoples remain greatly unaware of the content and operation of hu- man rights mechanisms and institutions at the international level, and their equivalents at the national level where these exist. The UNDRIP itself remains a new subject, which most Asian indigenous peoples are unaware of. This situation limits the capacity of indigenous peoples in campaigning and advocating for their collective rights.

G. Military Hosility to Human Rights Groups

Human rights groups and individuals continue to be under steady attack by agents of the state, mostly among the military and police forces. Through mass media, their own propaganda sorties in communities and schools, legal counter-actions, surveillance and at times actual ar- rests, these state agents often succeed in demonizing human rights defenders, if not actually silencing and neutralizing them.

H. Legal Issues in the Applicaion of Human Rights Laws

In many Asian countries, defects and loopholes in the legal and judicial system provide nu- merous technicalities for culpable state agents to escape accountability for their human rights violations. One is to invoke the principle of prescription the expiration of a case due to the pass- Module-8 RIGHTS AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP 181 ing of so many years or to raise so many procedural issues in order to abort or unnecessarily prolong the judicial process. Another is to invoke the non-applicability of a human rights law to incidents that occurred prior to the passage of the said law. Still another is to invoke the immuni- ty of top government officials from suit in order to limit culpability to the lower echelons only.

I. Weaknesses in the Judicial System

In many Asian countries, weaknesses in the judicial system greatly affect its effectivity in enforcing human rights laws and actual protection of human rights. Such weaknesses include the vulnerability of the supposedly independent judiciary to efforts by the executive department, both official and non-official, to control and influence the courts. Module-8