Training Manual on the UNDRIP

RIGHTS! AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP Asia Indigenous Peoples Pact 108, Moo 5, Soi 6 Tambon Sanpranate, Amphur Sansai Chiang Mai - 50210, Thailand Phone: +66 (0)53 380 168 Fax: +66 (0)53 380752 Email: [email protected] Website: www.aippnet.org © 2010 by the Asia Indigenous Peoples Pact. All rights reserved. Published 2010. ISBN: 978-616-90611-0-6 RIGHTS! AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP RIGHTS! AIPP Acknowledgement This manual for training indigenous community organizers and leaders in promoting the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the collective work of indigenous peoples’ experts, academics and activists undertaken over 2009 in Chiangmai, Thailand. The contents were then developed through a series of consulta- tionsa period conducted of twelve among months. the authors,Its contents and were between first themproduced and theduring editors, a writeshop through helde-mail. in January Finally, these were subjected to critique in a Training of Trainors held in September. AIPP Regional Capacity Building Programme, including the development of this manual. The executionI would of likethe programmeto acknowledge would The not Christensen have been Fundpossible for withoutits generous this support.financial support to the With deepest gratitude, I acknowledge the invaluable contribution of the people involved in the drafting of the modules that comprise this manual: BinotaJacqueline Moy Cariño Dhamai ChristianJoan Carling Erni Lulu A. Gimenez Chinkhanmuan Gualnam Robeliza Halip Famark Hlawnching Sanjay Bosu Mullick MrinaliniJannie Lasimbang Rai Raja Devasish Roy Gam A. Shimray Samart Srijumnong Bernadinus Steni Furthermore, it is with a deep sense of indebtedness that I would like to thank the editors of diligence in providing additional input, editing, proofreading and lay out. this manual, Pio Verzola Jr., Lulu Gimenez, Luchie Maranan and Leonardo D. Godinez Jr. for their My sincere thanks also go to Christian Erni, the archivists of the Cordillera Peoples’ Alliance and Pacos Trust for providing the photographs used in the manual; again to Christian Erni, and to Jannie Lasimbang, John Anthony Marasigan and Khristof Okubo for the illustrations. - sion and guidance in the implementation of this project. Finally, I would like to thank AIPP Secretary General Joan Carling for her excellent supervi Atina Gangmei Coordinator AIPP Regional Capacity Building Programme AIPP Regional Capacity Building Program - Training Manual on the UNDRIP RIGHTS! AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP RIGHTS! AIPP Table of Contents Introduction To This Manual 1 Overview of the United Nations Declaration on the Rights of Indigenous Peoples 5 Module 1: Self-Determination and Self-Government 23 Module 2: Free, Prior, Informed Consent 39 Module 3: Customary Law 53 Module 4: Land, Territory and Resources 67 Module 5: Cultural Rights 101 Module 6: Development Issues 115 Module 7: Migration and Trans-Border Issues 143 Module 8: Human Rights and Militarization 163 Module 9: Special Sectors 183 General Guide to Practical Advocacy Skills 197 AIPP Regional Capacity Building Program - Training Manual on the UNDRIP RIGHTS! AIPP AIPP Regional Capacity Building Program - Training Manual on the UNDRIP RIGHTS! AIPP Introduction To This Manual BACKGROUND The development of a training manual on the UNDRIP was one of the recommendations put forward by participants in the Asia Workshop for the Promotion of the United Nations Declara- made the realization of this recommendation part of its Regional Capacity Building Programme, whichtion on is the aimed Rights at enhancingof Indigenous the Peoplesawareness held and in capacityJune 2007 of inindigenous Baguio, Philippines. peoples at the The grassroots AIPP has level in promoting their rights. This training manual was drafted in response to the need expressed by indigenous peoples’ organizations for skills in raising the awareness of both indigenous and non-indigenous com- and future laws, policies, and programs such that these become consistent with the standards set munities regarding the UNDRIP, and in influencing policy makers to redesign or shape existing forth1. in To the provide UNDRIP. a basic Its specific educational objectives tool kit are for as the follows: conduct of community trainings and semi- nars for raising awareness and generating advocacy of the UNDRIP; 2. To develop a pool of trainers among indigenous leaders in Asia on the UNDRIP and related issues; 3. To contribute to the awareness-raising, advocacy and popularization of the UNDRIP and thus advance the recognition of indigenous peoples’ rights in Asia. This training manual is by no means comprehensive but gives basic information to under- standing the rights of indigenous peoples as provided for by international human rights instruments, including the UNDRIP. It contains key points on the realities faced by indigenous communities in their efforts to exercise their rights and to gain respect for these. As a training manual, it also provides basic training and facilitation guidelines to indigenous organizations and communities which are its main audience. This manual is designed for localization and translation in various languages, for wider ad- aptation and use by indigenous organizations and communities. Each module of this training manual can be adjusted to better suit the particular needs, situation and awareness level of each each of its part can be determined according to the situation and characteristics of the target audience.specific target audience. Correspondingly, time management for discussing each module and This manual is a work in progress. It shall continue to be improved and enriched through the conduct of actual trainings, and also through the continuing struggles and advocacy work of indigenous peoples. CONTENTS The training manual contains an overview of the UNDRIP, modules on nine thematic areas, and one module on practical advocacy skills. AIPP Regional Capacity Building Program - Training Manual on the UNDRIP RIGHTS! AIPP the theme, a view of the realities on the ground, a discussion of experiences and lessons learned, and Eachan advocacy thematic guide. module features a set of objectives, a discussion of specific rights relating to Overview of the UNDRIP The overview provides a background to indigenous peoples’ engagement in the process of drafting and adopting the UNDRIP as a human rights mechanism. Then it runs through the contents of the UNDRIP, specifying the articles by thematic area. It serves as a guide to the whole Declaration. Module 1: The Right to Self-Determination This module discusses key issues related to the right of indigenous peoples to self- deter- enjoy their right to self-determination in the long term, the challenges in achieving this, and the bestmination, ways andof addressing to autonomy such and challenges. self-government. It identifies how indigenous peoples can fully Module 2: Free, Prior, Informed Consent This module focuses on the FPIC or Free, Prior, Informed Consent , one instrument of self- determination that indigenous peoples can already use even if they are yet to achieve autonomy or self-government. Module 3: Customary Law This module discusses the right of indigenous peoples to practice and strengthen their dis- tinct systems of customary law, to assess the extent to which this right is respected or restricted in their respective countries, and to gain a long-term perspective on how indigenous peoples can fully enjoy this right. Module 4: Rights to Land, Territory and Resources This module spells out the provisions in the UNDRIP that address indigenous peoples’ rights to land, territory and resources, and to the autonomous management, conservation and devel- and resources, as enshrined in the UNDRIP, are upheld or violated in different countries. Also, itopment engages of trainingthese. It participants reflects on thein the extent exercise to which of envisioning indigenous a betterpeoples’ future rights with to land,respect territory to the said rights. Module 5: Cultural Rights This module discusses cultural rights, the UNDRIP provisions on these and the reality of cultural rights violations in different countries. It also discusses experiences in cultural rights assertion. Module 6: Development Issues This module sheds light on development issues pertaining to indigenous peoples and famil- iarizes participants with UNDRIP provisions that address critical concerns related to develop- 2 AIPP Regional Capacity Building Program - Training Manual on the UNDRIP RIGHTS! AIPP ment. It also aims to involve participants in envisioning a better future with respect to indigenous peoples’ self-determined development. Module 7: Migration and Trans-Border Issues This module aims to make participants understand the causes and implications of migration and trans-border issues for indigenous peoples. It also discusses how the UNDRIP can be used to address these issues. Module 8: Human Rights and Militarization This module discusses relevant provisions of international instruments, including the UND- RIP, on human rights and militarization. It aims to make participants understand the particular implications of militarization and human rights violations on indigenous peoples. Module 9: Special Sectoral Concerns This module deals with the particular issues and concerns of indigenous women, children, youth,

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