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Situation on Lands Situation on Lands, Territories and Resources of Indigenous Peoples in Asia Bangladesh, China, Japan, Laos, Myanmar, Nepal, Situation on Lands, Territories and Resources of Indigenous Peoples in Asia Sri Lanka, Taiwan, Timor Leste and Vietnam Bangladesh, China, Japan, Laos, Myanmar, Nepal, Sri Lanka, Taiwan, Timor Leste and Vietnam Supported by : ILC and SIDA Published by: Asia Indigenous Peoples Pact (AIPP) 112 Moo 1, Tambon Sanpranate, Amphur Sansai, Chiang Mai 50210, Thailand Tel: +66 (0) 53 343 539 Fax +66 (0) 53 343 540 ASIA INDIGENOUS PEOPLES PACT (AIPP) www.aippnet.org www.ccmin.aippnet.org www.ivanetwork.com www.iphrdefenders.net An organization of Indigenous Peoples movement in Asia About AIPP The Asia Indigenous Peoples Pact (AIPP) is a regional organization established in 1992 by Indigenous Peoples’ movements as a platform for solidarity and cooperation. AIPP is actively promoting and defending indigenous peoples’ rights and human rights; sustainable development and management of resources and environment protec Through the years, AIPP has developed its expertise on grassroots capacitybuilding, advocacy and networking from local to global levels and strengthening partnerships with indigenous organizations, support NGOs, UN agencies and other institutions. At present, AIPP has 47 members from 14 countries in Asia with 7 indigenous peoples’ national alliances/ networks and 35 local and sub-national organizations including 16 are ethnic-based organizations, five (5) indigenous women and four (4) are indigenous youth organizations. Our Vision Indigenous Peoples in Asia are living with dignity and fully exercising their rights, distinct cultures and identity, and enhancing their sustainable management systems on lands, territories and resources for their own future and development in an environment of peace, justice and equality. Our Mission AIPP strengthen the solidarity, cooperation and capacities of indigenous peoples in Asia to promote and protect their rights, cultures and identities, and their sustainable resource management system for their development and self-determination. Our Programmes Our main areas of work among the different programmes are information dissemination, awareness raising, capacity building, advocacy and networking from local to global. Our programmes are: • Communication Programme • Environment • Human Rights Campaign and Policy Advocacy • Indigenous Women • Organizational Strengthening and Movement Building • Regional Capacity Building AIPP is accredited as an NGO in special consultative status with the UN Economic and Social Council (ECOSOC) and as observer organization with the United Nations Framework Conven- tion on Climate Change (UNFCCC), Convention on Biological Diversity (CBD), Green Climate Fund (GCF), Global Environment Facility (GEF) and the World Intellectual Property Organization (WIPO). AIPP is a member of the International Land Coalition (ILC). Situation on Lands, Territories and Resources of Indigenous Peoples in Asia Bangladesh, China, Japan, Laos, Myanmar, Nepal, Sri Lanka, Taiwan, Timor Leste and Vietnam April 2019 Published by: Asia Indigenous Peoples Pact (AIPP) Situation on Lands, Territories and Resources of Indigenous Peoples in Asia Bangladesh, China, Japan, Laos, Myanmar, Nepal, Sri, Lanka, Taiwan, Timor Leste TABLE OF CONTENTS and Vietnam ACRONYMS 8 Copy right: Asia Indigenous Peoples Pact (AIPP), 2019 ACKNOWLEDGEMENT 11 Published by: Asia Indigenous Peoples Pact (AIPP) ABSTRACT 12 112 Moo 1, Tambon Sanpranate, Amphur Sansai, Chiang Mai 50210, Thailand Tel: +66 (0) 53 343 539 Fax +66 (0) 53 343 540 1. Introduction 13 www.aippnet.org www.ccmin.aippnet.org www.ivanetwork.com www.iphrdefenders.net 1.1. Methodology 13 1.2. Limitations 14 All rights reserved 2. Indigenous Peoples in Asia and their Relationship to their Lands, 14 The contents of this publication may be reproduced and distributed for non-commercial purposes Territories and Resources. provided that consent of AIPP is acquired and the authors are acknowledged as the source. 2.1. Reclaiming Rights in the International Mechanisms and Processes 16 2.1.1. Sustainable Development Goals and Indigenous Peoples – Relationship 17 Writers: Krishna Bhattachan, Linlin Su, As Li-l Mali, Kaisanan Ahuan, Pao-wen Liu, with Poverty and Sustainable development Emmaliza Dacquigan, Myriam Coleman, Miriam Bataclao, Christita Galagal, 3. Countries Profiles 18 Translator for China/Taiwan and Japan Cases: Charles Chang 3.1. Approbation of International Mechanisms 18 3.2. Identifying Indigenous Peoples in the Country 18 Assistant Desk Researchers: Charles Cailleux and Robin Fabri 3.3 Several Levels of Indigenous Peoples’ Recognition 20 3.4 Recognition of Indigenous Peoples’ Rights in terms of Existence, 21 Photo credit: Christian Erni Specific Designation, Non-discrimination, Equality before the Law and Distinctive Culture Contributors: 3.5 Recognition of Indigenous Peoples’ Rights in terms of Access, 23 Usage and Ownership of their Customary Lands, Territories and Resources, Bangladesh: Shohel Chandra Hajang, Kapeeng Foundation (KF) and Inclusion of Free, Prior and Informed Consent China/Taiwan/Japan: Hui-Lin Chao 4. Other Ground Issues and Struggles of Indigenous Peoples 26 Laos: Kamphan Keovilaysak, Global Association for People and Environment, GAPE 4.1 Lack of Democratic Space and Indigenous Peoples’ Criminalization 26 Myanmar: Moses Kwaw Htun, Chin Human Rights Organization (CHRO) 4.2 Discrimination and Attacks towards Indigenous Peoples 27 Nepal: Shankar Limbu, LAHURNIP 4.3 Land Dispossession and Infrastructure Development 28 Timor Leste: Ergilio Ferreira Vicente, Maria Zevonia Fernandez Viera Vietnam: Ms.Luong Thi Truong, Center for Sustainable Development in Mountainous Areas (CSDM) 5. Positive Actions and Developments 29 5.1 Governments Programs and Official Steps Forward 29 Editors: Asia Indigenous Peoples Pact- Gam Shimray, Jo Ann L. Guillao and Guangchunliu Gangmei 5.2 Access and Use of Ancestral Lands, Territories and Resources 30 5.3 Indigenous Peoples’ Mobilizations 30 Funded by: International Land Coalition 5.4 Reporting Human Rights Violation and Awareness Raising 31 6. Conclusion and Recommendations 31 6.1 Conclusions 31 6.2 Recommendations 32 Printed by: AIPP Printing Press Co., Ltd. 6.2.1 Governments 32 www.aipppprinting.com 6.2.2 International Bodies, Private Companies and Other Stakeholders 33 6.2.3 All Stakeholders 33 COUNTRY CASES 34 4. Laos 78 4.1 Background 78 1. Bangladesh 34 4.2 Ethnic Groups in Lao PDR 81 1.1. Country Profile 34 4.2.1. Ethno-linguistic Families 81 1.1.1. Number of indigenous peoples, Percentage Compared 35 4.3. Legal Status of Ethnic Groups 82 to the Total Population 4.4. Laws on Land 83 1.1.2. Geographical Distribution 43 4.4.1. Customary Laws on Inheritance 84 1.1.3. Area of Lands Controlled by Indigenous Peoples, of Lands Legally 43 4.5. Indigenous Agricultural Practices 85 Owned by the Indigenous Peoples and of Lands Claimed by the State 4.6. Challenges Encountered by the Indigenous Peoples 86 or Private Actors; Percentage Compared to the Total Country area 4.6.1. Government 86 1.1.4. Legal Status of indigenous Peoples 43 4.6.2. Human Rights Violations 86 1.2. Laws and Policies on Indigenous Peoples’ Land Rights 44 4.6.3. The continuing crisis of the Hmong people in the Lao People’s 89 1.2.1. National Laws and Policies Recognizing indigenous Peoples’ LTR Rights 44 Democratic Republic 1.2.2. Limitations and Contradictions of these Laws and Policies 51 4.6.4. Land Concessions 89 1.2.3. Implementation, Success and Problems of These Laws and Policies 53 4.6.5. Shifting Cultivation Issue 90 1.3. Challenges 55 4.6.6. Education 92 1.3.1. National Laws and Policies Violating the Land Rights 55 4.6.7. Access to Healthcare Services 93 of Indigenous Peoples or Criminalizing the Exercise of These Rights 4.7. Government Programs for Indigenous People 93 1.3.2. Draft Laws and Policies Threatening Indigenous Peoples’ Land Rights 55 4.7.1. Coffee Production as an alternative crop to opium 94 1.4. Good Practices 57 4.7.2. Health Program 94 1.4.1. Initiatives of the indigenous peoples to Assert Their Land Rights 57 4.8. Non-Governmental Organizations Involvement for Advocacy on Indigenous Rights 95 and Their Success 1.4.2. Contribution of Indigenous Women. 59 5. Myanmar 96 1.5. Cases 61 5.1. A short overview of political benchmarks 96 1.5.1. Legal cases concerning the land rights of an indigenous 61 5.2. Demographic, geographic and ethnographic data on ethnic groups 97 peoples group in the country 5.3. Status of ethnic groups in the laws 98 5.4. Aspects on land 100 2. China 62 5.5. Law Implementation and ground issues 101 2.1. Chinese Indigenous Peoples and Land Profile 62 5.5.1. Political Aspects 101 2.2. Historical and Political aspects 64 5.5.2. “Burmanisation” 102 2.3. Legal Status of Indigenous Peoples and Aspects on Land 65 5.5.3. Access to Land 103 2.3.1. History of ethnic regional autonomous regions 65 5.5.4. The Nationwide Ceasefire Agreement 103 2.3.2. Current issues on Autonomous Regions 66 5.6. Human Rights Violations and its Implication for Ethnic minorities in Myanmar 104 2.3.3. Economic Development 66 5.6.1. Shan State human rights violation examples 106 2.4. Challenges and Ground Issues 67 5.6.2. Kachin State human rights violation examples 107 2.4.1. Discrimination of ethnic groups 67 5.6.3. Kayin State human rights violation examples 108 2.4.2. No freedom of expression 68 5.6.4. Chin State human rights violation examples 108 2.4.3. The rehabilitation of ethnic diversity and its shift into a tourist attraction 69 5.7. Good practices and improvements 109 2.4.4. Tibet Issue 70 5.7.1. Hopes and steps backward 109 2.4.5. Xinjian Issue 70 5.7.2. Foreign business investment, a way forward? 110 2.5. Conclusion 71 6. Nepal 111 3. Japan 73 6.1. Country Profile 111 3.1. Country’s Indigenous Population and Land Profile 73 6.1.1.
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