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Indigenous Peoples Rights And INDIGENOUS PEOPLES’ RIGHTS AND UNREPORTED STRUGGLES: CONFLICT AND PEACE A contribution of the Indigenous Peoples’ Rights Program of the Institute for the Study of Human Rights at Columbia University to the Tenth Anniversary of the United Nations Declaration on the Rights of Indigenous Peoples Institute for the Study of Human Rights Columbia University 2017 The Institute for the Study of Human Rights (ISHR) was established in 1978 at Columbia University as the Center for the Study of Human Rights (CSHR). In Spring 2010, Columbia University elevated CSHR to the level of an institute. ISHR is committed to its three core goals of providing excellent human rights education to Columbia students, fostering innovative interdisciplinary academic research, and offering its expertise in capacity building to human rights leaders, organizations, and universities around the world. Copies of this book are available from: Institute for the Study of Human Rights, Columbia University 91 Claremont Ave. 7th Floor New York, NY 10027 212-854-2479 Fax: 347-620-9350 [email protected] www.humanrightscolumbia.org ISBN 978-0-692-88605-2 CONTENTS ACKNOWLEDGEMENTS .................................................................... iii FOREWORD by the Director of the Institute for the Study of Human Rights, Columbia University, Elazar Barkan .............................................. v INTRODUCTION ................................................................................... ix 1. CONFLICT, PEACE AND THE HUMAN RIGHTS OF INDIGENOUS PEOPLES .......................................... 1 Victoria Tauli-Corpuz 2. INTERCULTURAL CONFLICT AND PEACE BUILDING: THE EXPERIENCE OF CHILE ..............................20 José Aylwin 3. INDIGENOUS PEOPLES’ CONFLICTS AND THE NEGOTIATION PROCESS FOR AUTONOMY IN NICARAGUA ............................................ 28 Mirna Cunningham 4. UNACCOUNTED FOR: INDIGENOUS PEOPLES AS VICTIMS OF CONFLICTS IN AFRICA .................................55 Albert K. Barume 5. INDIGENOUS PEOPLES’ RIGHTS, CONFLICT AND PEACE BUILDING: EXPERIENCES FROM EAST AFRICA ..................68 Naomi Kipuri 6. REFLECTIONS ON THE INFLUENCE OF THE CURRENT POLITICAL DEVELOPMENT IN RUSSIA ON INDIGENOUS PEOPLES’ LAND RIGHTS ............................80 Rodion Sulyandziga and Dmitry Berezhkov 7. ENVIRONMENTAL VIOLENCE: IMPACTS ON INDIGENOUS WOMEN AND GIRLS ....................................96 Andrea Carmen 8. INDIGENOUS WOMEN OF NORTHEAST INDIA AT THE FOREFRONT OF A STRONG NON-VIOLENT PEACE MOVEMENT .......................................109 Binalakshmi Nepram 9. THE RESPONSIBILITY TO PROTECT INDIGENOUS PEOPLES? AN ANALYSIS OF R2P’S POTENTIAL APPLICATION IN THE CHITTAGONG HILL TRACTS OF BANGLADESH .......................................................122 Shayna Halliwell 10. THE POLITICS OF SHAMING AND SANCTIONS: REWRITING THE ANATOMY OF THE BANGLADESHI STATE ................................................155 Tone Bleie 11. STRUCTURAL VIOLENCE AGAINST INDIGENOUS PEOPLES: RUSSIAN FEDERATION ..........................................192 Ulia Gosart 12. PEACE MAPPING AND INDIGENOUS PEOPLES ...................262 Neal Keating APPENDICES Appendix One ........................................................................................291 Summary of Observations, Lessons Learned and Recommendations from the Columbia University International Seminar on Indigenous Peoples’ Rights and Unreported Struggles: Conflict and Peace Appendix Two ........................................................................................299 Conclusions and recommendations of the United Nations Permanent Forum on Indigenous Issues at its Fifteenth (2016) Session, excerpt from UN document E/2016/43, Discussion on the theme “Indigenous Peoples: Conflict, Peace and Resolution” Appendix Three .....................................................................................303 Notes on Contributors Acknowledgements First and foremost, the Indigenous Peoples’ Rights Program of the Institute for the Study of Human Rights at Columbia University would like to thank the contributors, who attended to this book with such care and dedication. We are grateful to all the participants at the 2016 International Seminar on Indigenous Peoples’ Rights and Unreported Struggles: Conflict and Peace, whose discussions and insights informed the out- comes of the Seminar and this book. Shayna Halliwell was our superb copyeditor, committed as much to the substance as to the elegance of the texts. She is herself one of the co-authors of this book. Timothy Wyman-McCarthy of Columbia’s Institute for the Study of Human Rights helped us navigate the institutional shoals which helped to make this publication possible. We appreciate the financial support of the Columbia University Seminar on Indigenous Studies and the Tebtebba Foundation. We greatly appreciate the friendship of all those from around the world who participated in this project with dedication to peace and to the vision of the UN Declaration on the Rights of Indigenous Peoples. Elsa Stamatopoulou New York, 30 April 2017 iii FOREWORD The Institute for the Study of Human Rights at Columbia University believes that combining research and advocacy in the field of human rights can contribute to the respect, protection and fulfillment of human rights. We consider especially significant that the United Nations Permanent Forum on Indigenous Issues (UNPFII) designated conflict, peace and resolution as the special theme for its fifteenth session in May 2016, a welcome initiative, given the fact that issues of peace were excluded from the formal original mandate of the Permanent Forum. Moreover, the new United Nations Special Rapporteur in the field of Cultural Rights, Professor Karima Bennoune, focused her 2016 reports on the deliberate destruction of cultural heritage, a topic that affects Indigenous Peoples as well. The Institute, wishing to make a contribution to the fifteenth session of the UNPFII and to the work of the UN Special Rapporteur in the field of Cultural Rights, organized an International Seminar on “Indigenous Peoples and Unreported Struggles: Conflict and Peace” on 14 and 15 May 2016. We were pleased to be joined in this effort by various departments within Columbia as well as various institutions from around the world. The conference was co-sponsored by Gáldu Resource Centre for the Rights of Indigenous Peoples (Norway), The International Work Group on Indigenous Affairs (Denmark), Tebtebba Foundation (The Philippines) and the Universidad Indίgena Intercultural de America Latina, a seminal program of the Fondo Indígena (headquartered in Bolivia). From within Columbia University, the co-sponsors were the Center for the Study of Ethnicity and Race, The Human Rights Institute of Columbia Law School, The Heyman Center for the Humanities, The Columbia University Seminar on Indigenous Studies, and The Department of Anthropology. We are especially thankful to the University Seminar on Indigenous Studies and our affiliate Tebtebba Foundation for making this publication possible. v The International Seminar was aimed at three main outcomes. The first was to reach a better understanding as to where the human rights and other challenges and opportunities lie when it comes to Indigenous Peoples and conflict, through interdisciplinary and interregional analysis of the topic. Twenty-eight presenters put forward their various perspectives on the topic, through case studies and thematic discussions. The second aim of the conference was to provide inputs to the UN Permanent Forum on Indigenous Peoples’ conclusions on the topic, as well as to the study of the Special Rapporteur in the field of Cultural Rights in 2016. Third, we wanted to issue a publication that would strengthen the literature available in the field of Indigenous Peoples, conflict and peace. And, in the long term, we would like to create a continuing space for reflection and advocacy on this topic, a space for which an academic institution such as this one could be a vehicle. While the realities around us are often disheartening in a world that is ravaged by conflict, we have to be able to see the hope and not be overtaken by cynicism. As the late Louis Henkin, Professor of Constitutional Law in this University and mentor to many of us, wrote in 1990 in The Age of Rights: “Despite this universal consensus, as all know, the condi- tion of human rights differs widely among countries, and leaves more-or-less to be desired everywhere. This may suggest that the consensus described is at best formal, nominal, perhaps even hypocritical, and cynical. If it be so, it is nonetheless significant that it is this idea that has commanded universal nominal acceptance…. Even if it be hypocrisy, it is significant—since hypocrisy, we know, is the homage that vice pays to virtue—that human rights is today the single, paramount virtue to which vice pays homage that governments today do not feel free to preach what they may persist in practicing.” vi This book is a contribution of the Indigenous Peoples’ Rights Program of our Institute to the Tenth Anniversary of the United Nations Declaration on the Rights of Indigenous Peoples. Elazar Barkan Director, Institute for the Study of Human Rights Columbia University vii Introduction “Pashpashqtwa” (Aymara concept) “Despite everything, I continue being” From the beginning of their interface with the United Nations in the 1970s, Indigenous peoples have recounted numerous stories about contemporary conflicts that ravage their lands and communities,
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