RIGHTS AIPP
AIPP Regional Capacity Building Program - Training Manual on the UNDRIP
162
RIGHTS AIPP
AIPP Regional Capacity Building Program - Training Manual on the UNDRIP
163
Human Rights and Militarization
Prepared by Bernardinus Steni
with inputs from Famark Hlawnching, Jacqueline Cariño, Atina Gang- mei and Robeliza Halip
Module 8
OBJECTIVES
1. To identify and elaborate on the relevant provisions of the UNDRIP in relation to human rights and militarization;
2. To understand deeper the concept of human rights and militarization in relation to IPs; 3. To relate their situation, experiences and challenges they face in relation to the recognition,
protection, promotion and exercise of their human rights;
4. To formulate strategies in order to advance the aforesaid rights.
CONTENTS
I. INTRODUCTION A. Concept of human rights
B. Scope and definition of militarization C. International and national human rights instruments
II. UNDRIP PROVISIONS ON HUMAN RIGHTS A. Preamble
B. Articles III. REALITIES ON THE GROUND
A. General situation B. National laws and policies
C. Challenges of national laws and policies IV.EXPERIENCES AND LESSONS LEARNED
A. Advocacy, collective and assertive actions B. Actual exercise of human rights
C. Lessons learned V. CHALLENGES IN IMPLEMENTATION OF UNDRIP
A. Conflict of national laws with international laws B. Government programs in conflict with human rights
C. Lack of funds for implementing HOUR instruments D. Weak capacity of HOUR bodies
E. Language limitations in delivering HOUR services F. Lack of awareness about HOUR instruments and bodies
G. Military hostility to HOUR groups H. Legal issues on the application of HOUR laws
I. Weaknesses in the judicial system
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RIGHTS AIPP
AIPP Regional Capacity Building Program - Training Manual on the UNDRIP
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I. INTRODUCTION
A. Concept of Human Rights
The essence of every human being is having freedom, equality and dignity. This is
the very foundation of human rights as fun- damental in maintaining peace, harmony,
cooperation, development and security in every society. The respect for human rights
also defines the roles and obligations of those who have the political power the State and
those who are governed the citizens. Dis- regard and contempt for human rights result
in barbarous acts and in massive suffering especially among those who are already mar-
ginalized within society. If human rights are not protected by the rule of law, and are sys-
tematically violated by those responsible for upholding these, then people have the right to
rebel against tyranny and oppression.
Everyone is entitled to the enjoyment, exercise and respect of their individual rights
and to live with dignity, freedom and equality regardless of race, gender, religion, ethnicity and nationality. It is an inherent entitlement that has to be respected by each person for the enjoy-
ment of everyone. It is then imperative that each has a duty not only to exercise their right, but also to respect the right of others. Human rights are essential elements in achieving a fulfilling
life not only as individuals but also as part of a larger society.
The principles of human rights have existed as part of the history of humankind. Because of the compelling need to set out an international standard for the respect of human rights by
every nation, the United Nations formulated and adopted the Universal Declaration on Human Rights UDHR in 1948. The various provisions of the UDHR uphold the civil and political rights
of every person, and define the role of every State in respecting and upholding these rights as its core obligation. It also now forms part of the international customary law regarding the rights of
citizens in relation to States.
The subject of human rights raises issues that are neither simple nor easy to resolve. Human rights are political in nature, and they require the political will and commitment
of every State to uphold and implement. States should be open to public scrutiny, and must be held accountable with respect to their obligations in respecting human rights.
States have a duty to govern according to the rules of law and to respect the rights and freedoms of individual citizens. Citizens must also be constantly vigilant, and must de-
mand transparency and accountability of States in relation to their human rights obliga- tions.
Are human rights guaranteed in laws? Which laws? Yes, human rights are guaranteed
both in international law and in many national laws. The international law of human rights, which is stated in the International Bill of Human Rights, is the primary basis. Human rights are also
Pose the following questions, written in cards and distributed to participants.
• What comes to your mind when you hear the terms human rights
and militarization? • What do you think are your human
rights?
Collect and cluster the written replies, and synthesize the ideas of participants.
Distribute copies of simplified version of instruments as handouts.
Present the main content, including pho- tos and other visual material.
Suggested Method
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RIGHTS AIPP
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protected in the national constitutions and statutes of many states around the world. In addition, treaties
or agreements that states have signed oblige them to ensure the recognition and implementation of these
rights and freedoms to individuals and citizens.
Why are these universally recognized laws so important? The reasons are best stated in the pre-
amble of the UDHR, which states:
The inherent dignity and … equal and inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world and that disregard and contempt for hu-
man rights resulted in barbarous acts.
The preamble goes on to warn: … it is essential if man is not to be compelled to
have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should
be protected by the rule of law…
Who are entitled to these rights? Are there exceptions? Every human being is born with equal
human rights. Everyone is entitled to these rights in equal measure. These rights are inalienable: they cannot be taken away, lost or surrendered whatever a person does or whoever that person
is. In the eyes of the law, even suspects and criminals are human beings with inalienable rights. A person accused of wrongdoing is entitled to fair trial and presumed innocent until proven oth-
erwise; those proven guilty or convicted are entitled to appeal. As detainees or prisoners, they have the right to be treated humanely.
Every individual’s human rights must be respected. To respect the rights of another person is to value that person’s human dignity. It is:
…a conscious effort to find our common essence beyond our apparent divisions, our tempo- rary differences, our ideological and cultural barrier.
Is “a freedom” the same as “a right”? Yes, in law they are the same. Your “freedom from
torture” is your “right not to be tortured”.
What is meant by the word “equality”? Human rights law establishes equality by protect-
ing individuals from discrimination. Persons should not be discriminated against simply because of their beliefs or status in life; the law applies equally to rich and poor, to the Christian, Muslim,
Buddhist and animist, to majority and minority, to the dominant and the dominated. Migrant workers are entitled to equal pay for equal work alongside the citizens of the country where they
work. Women have the same rights as men. If a woman wishes to stay at home, it is her right and must be respected. It is also her right to work outside the home if she wishes to and to receive
equal pay for her work. It is the duty of the state to make all these opportunities available.
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