0645 Learn and Exercise Your Rights

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Learn and Exercise your rightsA simplified version of the United Nations Declaration

on the Rights of Indigenous Peoples (UNDRIP)

Published by

Asia Indigenous Peoples Pact (AIPP)copyright Year - 2013


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Learn and Exercise Your Rights:A Simplified Version of the United Nations Declarationon the Rights of Indigenous Peoples (UNDRIP)

Copyright Asia Indigenous Peoples Pact (AIPP) Oct 2013

Te contents of this book may be reproduced and distributed for non-commercial purposes, ifAIPP is notified and the authors and AIPP are acknowledged as the source.

Published by:Asia Indigenous Peoples Pact (AIPP)108 Moo 5, ambon Sanpranate, Amphur Sansai,Chiang Mai 50210, Tailandwww.aippnet.org

Layout and Cover Design: AIPP Printing Press

Written by: AIPP

Drawing and Illustrations : Aung Latt : im Hall : Alex ege : Cobi Smith

Tis publication is supported by - IWGIA International Work Group for Indigenous Affairs - Norad Norwegian Agency for Development and Corporation - Danida Danish International Development Agency - SDC Swiss Agency for Development and Corporation - SIDA Swedish International Development Corporation Agency - amalpais rust

Disclaimer: Te contents of this booklet are the sole responsibility of Asia Indigenous PeoplesPact (AIPP) and can under no circumstances be regarded as reflecting the position of any

donor mentioned above.


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Indigenous Peoples and A Brief History of UNDRIP


We have been historically colonized, assimilated, oppressed,exploited, and systematically discriminated by states, corporationsand those in power in the countries where we live. We becamemarginalized and regarded as savages, backward, ignorantand uncivilized.

We are indigenous peoples. We have distinct cultures and identitiesthat are rooted with our sacred relation to our lands, territories and

resourcethe very source of our life. These lands were handeddown to us from our ancestors. We have the obligation to nurtureit for our future generations. We have our own languages andcustomary laws. We have our own ways of living that is differentfrom the dominant groups or majority of the people in our owncountry. We have been self-governing even before states or governmentswere formed.


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Governments decided to divide and put borders in our territorieswithout our consent. Companies and business groups used ournatural resources without our consent. Our Sacred places weredestroyed. Many of us have been forced to leave our lands to giveway to so-called development projects like hydro dams, miningand plantations.

In order for us to collectively survive and live with dignity andpeace as equal citizens with the dominant society, we have theright to remain in our lands. We have the right to continue with oursustainable livelihoods that are dependent on our natural resources.We have the right to our cultures and identities as different fromthe dominant societies. We have the right to practice our customarylaws. These are our collective rights that we demanded states torespect and recognize in national laws to protect us from furtherdiscrimination and injustice. However, states/governmentscontinue to deny our rights.


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As governments continue to violate our rights, our communitiescontinue to defend and assert our collective rights through differentforms of struggles. Our leaders brought our concerns internationallyto the United Nations (UN) as states refuse to listen to us in ourown respective country . The United Nations is the umbrella organization ofstates/governments that have committed to uphold human rights,justice and equality for all.

After 20 years of negotiations, the UN nally adopted the UnitedNations Declaration on the Rights of Indigenous Peoples (UNDRIP)in September 2007. UNDRIP is now the minimum standard for therespect of the human rights of indigenous peoples worldwide thatstates/governments and all other institutions shall recognize anduphold.


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UNDRIP contains our collective rights as indigenous peoples. Theseinclude our right to our lands, territories and resources, right toself-determination, rights to customary laws, rights to free, priorand informed consent (FPIC), rights to our distinct cultures, rights

to determine our own path for development. It also declares thatindigenous peoples have the same human rights as all other peoples,such as for health care and education.

The United

Nations Declaration

on the Rights of

Indigenous Peoples

(UNDRIP)


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Rights to Self-Determination


Rights to self-determination are about making ourown decisions. This means we are free to choosehow we govern ourselves. We are free to follow ourcustomary laws. Our freedoms should be respectedby other peoples. We are free to say yes or no to

planned projects that affect our lands and lives. Wecan set conditions for our consent that come from

our own collective decision-making. We candetermine how we want to develop based on ourculture and ways of life.

We have equal human rights asall other people. We can belong

to indigenous communities aswell as nations. We should notbe discriminated against becausewe identify ourselves as indigenouspeoples.


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We have rights to our traditionalways of governance. We can chooseour leaders in traditional ways. Wecan make collective decisions about

our concerns. We can decide theresponsibilities of individuals to ourcommunities.

We can choose our livelihoods

and use our natural resourcesto sustainably support ourcommunities. We can seekfor justice if these rights aretaken away.

We can participate in political, social and economic activities of thestate. We can choose our own representatives for making

decisions with other peoples as a nation. Decisions about new lawsof a nation that may impact our lives require our free, prior andinformed consent.


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Free, Prior and Informed Consent (FPIC)

The elements of free, prior and informed consent are:


Free, prior and informed consent (FPIC) is our rightas part of our self-determination. FPIC ensures our

participation in decision-making about issues thatimpact us, including the use of our land, territories

and natural resources.

Free means we decide freely without coercion, intimidation ormanipulation by other peoples.


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Prior means we are informed early so that our decision-makinginuences plans.

Informed means we get all the information we need in ways weunderstand to make our free decision.


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Consent means our collective agreement from our free, prior andinformed decision-making process.

FPIC is needed for all decisions that may affect us. These includedecisions about lands or laws that affect us. FPIC comes beforeany projects impacting our lands and territories, particularly

development involving mineral, water or forest resources. It comesbefore anything is put on our lands, especially things that may bepoisonous or dangerous.


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CUSTOMARY LAWS

CUSTOMARY LAWS

Customary laws are the rules we use to resolve conict inour communities. Our laws are linked to our economic,

political, spiritual and cultural traditions. Our lawscontinually evolve with consent from our communitymembers. We pass these laws from generation to

generation through oral traditions.

We can maintain, strengthen andpromote our own rules as long asthey su ppor t hu man r igh ts .Governments must ensure ourcustomary rules are respectedwithin their legal system.

Governments must respect and recognize our laws and customs

about our lands. If there are conicts between us and other peoplesabout lands, governments must resolve the conicts in fair waysthat respect our laws.


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CUSTOMARY LAWS

Governments must work with us to protect our land, knowledgeand traditions. If our land, knowledge or traditions were changedwithout our free, prior and informed consent, governments musthelp x this.

We can practice and revitalize our spiritual and religious traditions.

Governments must let us maintain our own spiritual beliefs. If thisright was violated before, governments should help us revive ourtraditional ways now.


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LAND, TERRITORIES AND RESOURCES


Through generations our ancestors evolved andadapted to our lands. Our relationship with ourlands goes beyond economics. Peoples, plants, andanimals and spirits inhabit in our lands. Holy and

sacred places in our territories must be respected.Our ancestors handed down lands to us and we willhand these lands to our children. Our connections

with ancestral lands mean losing them devastatesour cultures.

We can develop our l ands,territories and resources in ourown ways. Governments mustlegally recognize and protect ourlands and respect our traditionalland ownership systems.

Our spiritual relationship with ourlands should be maintained.


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We cannot be moved from our lands without our true consent. Ourland will be passed to future generations. If our lands were takenor used without our free, prior and informed consent, governmentsshould give it back or give us fair compensation.

We should conserve and protectour environment. Our use oflands should be sustainable,like our traditional ways.

No dangerous things should beput on our lands without our free,prior and informed consent. Ifdangerous materials were putin our lands, governments mustsupport our health.


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Cultural Rights

Cultural Rights

Our culture shapes our identity. It distinguishes usas indigenous peoples. Our decision-making abouthow we use land, how we communicate and how our

society works reects our culture. If we lost our culture,our identity as indigenous peoples will be lost.

We can practice our culture,including spiritual ceremoniesat cultural sites. We cannot beforced to change to others cultureor ways of life. If others made uschange or destroyed our culture, itis our right to revive it.

We own our cultures including stories, songs,dance, designs, art, ceremonies, scared sitesand ancestral remains. We own our knowledgeincluding what local plants we use to eat or heal.Outsiders wanting to use our traditional knowledgemust ask for our free, prior and informedconsent. If we say no, governments must helpus to protect our knowledge.


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Cultural Rights

We can share our histories, oraltraditions, philosophies, writingand literature with future gener-

ations.

Governments should support

indigenous childrens educa-tion in their own culture andlanguages. Indigenous chil-dren have this right even ifthey live outside of their com-munity.

Our culture and traditions must be fairly represented in educationand public information. Government must educate non-indigenouspeoples about our rights to promote national harmony.


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Rights to Development


Indigenous peoples worldwide have suffered negativeimpacts from development by governments andcompanies. Some development projects destroy ourforests, lands or spiritual sites. Some developmentsmake us homeless or stop us from growing our ownfood.

In some countries, governments blame environmentaldamages on our traditional practices while approvingdams or mines that destroy life. Our sustainableenvironmental management has not been respected.

For sustainable development we must leadenvironmental management of our lands. Governments

should support our sustainable development, includingaccess to health care and education. Our free, priorand informed consent contributes to sustainabledevelopment.

How we develop is our choice, including our participation in economicactivities. If our rights were violated before, governments mustact to protect us now.


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We should lead or participatein any program for us. Thisincludes programs about health,housing, education or agriculture.

States should take special

measures to improve oureconomic and social conditions.In doing so, government mustpay attentions to the needs ofour indigenous elders, women,youth, children and personswith disabilities.

We can lead our education in our own languages and methods.Governments should support this. We also have the same rights toeducation as all other citizens.


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We can use our traditional medicines and ways of healing. We alsohave rights to the same physical and mental health services as allcitizens.

If poisons or dangerous things were put in our territories before,states must support our health and healing now.

We can produce our own media in our own languages. We also

have the right to access other media for all citizens. Governmentmedia should reect cultural diversity including our own. Governmentsshould encourage private media to represent us too.


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Migration

Migration

In some places indigenous peoples were forced

to leave their ancestral lands. Their lands weredeveloped without their free, prior and informedconsent. Governments were making indigenous

peoples move to cities, to avoid supporting healthand education services in remote areas. This migrationwas not fair.

Indigenous peoples should be free to choose whereto live like all citizens. If we choose to migrate to

study at university or for work, we should be free todo so.

In some places, government borders have splitindigenous lands. In such places indigenous peoples

should be free to cross borders to interact.

We cannot be forced to leave our lands. We will only leave ourancestral lands with our free, prior and informed consent. If wewere forced to leave before, we should be able to return. If thisis not possible, governments or companies who forced us mustcompensate us fairly.


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Migration

We can be part of our indigenous community as well as citizen ofa nation. We have the right to citizenship and identity documentsfor the state our lands are in.

Where government borders split our lands, we should be free tomove across those borders for our indigenous culture andcommunities.


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Human Rights and Militarization


Militarization is when people use guns, violence andforce for controlling other people.. Some indigenous

peoples have been forced to leave their ancestrallands because of militarization. Natural resourceshave been exploited after force against indigenous

peoples. Indigenous peoples requests for self-deter-mination have been silenced through force.

We should be able to live withoutfear of violence. Our collectiverights should not be threatenedwith weapons.

Our children should not betaken from us, nor should ourwomen be abused. We shouldbe allowed the same physicaland mental health as all citizens.

Governments must support oursafety.


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Military activities must nothappen in our lands withoutour free, prior and informed

consent.

Lands taken from us by forceshould be returned. If this isimpossible, or if they are damaged,we must be fairly compensated.

Rights for Indigenous Women, Children, Elderly andthe Disables

All indigenous peoples have rights to freedom and peace regardless ofage, gender or ability.


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Our children should have access to all formsand levels of government education as wellas in their own language and culture.

Our children should not be exploited ormade to work. Their physical, spiritual,moral and social growth should be supported.

Indigenous elders and those with disabilities should be supportedto participate in plans for programmes about them.


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Governments and indigenous peoples should work together to stopto violence against women. Women should have all the rights andfreedoms that indigenous men have.


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What can Indigenous Peoples do with the UNDRIP

Information dissemination and awareness-raising

We can use UNDRIP to educate ourselves about our rights as wellas raise awareness about our rights with non-indigenous peoples.

We can discuss about our rights enshrined in the UNDRIPin our community meetings. We can use posters, pictures,comic books, videos and other media about the UNDRIP assupportive materials for discussions.

We can encourage and train the indigenous youth to take

the lead in conducting community seminars and activities toraise awareness on the UNDRIP.

We can share education materials on the UNDRIP with othercommunities, organizations and our local governments, andassist in organizing and holding community meetingsand seminars.

We can work for the inclusion of the UNDRIP and our historyin a non-discriminatory way in our school curriculum.



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We can encourage educational institutions such as schools,colleges, and university and religious institutions toorganize seminars to talk about UNDRIP.

We can talk to mainstream media, social media community,radios and newspapers about UNDRIP and how it relates toour daily lives and wellbeing.

We can organize photo-exhibits, lm screenings,community theatre and plays, and radio interviews aboutour issues and rights relating to UNDRIP.

We can work with the academic and research institutions forthe conduct of studies and researches on our conditions,

issues and concerns relating to the exercise, violat ion

and respect to our rights under the UNDRIP.



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Building and strengthening indigenous institutions andcapacity building

We can use the UNDRIP to revitalize and strengthen our

institutions of self- governance and accountable leadership.

We can revitalize and strengthen our indigenous systemsand our customary laws, which enhance our unity, cooperation,values and principles for community cohesion, solidarityand upholding the common good.

We can strengthen our customary laws and practices by

promoting the positive laws and reforming thenegative laws particularly the laws that are discriminatoryagainst women.

We can develop new leaders including indigenous womenand youth that shall be accountable to us and shallengage with government and other entities to promote andprotect our rights and interest.

We can strengthen the full and effective participation ofindigenous women and youth through formation of their organisations and or designating their equitable representatives indecision making bodies.

Building and strengthening indigenous institutions and capacity building


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We can strengthen our decision making processes byensuring transparency and democratic participation ofcommunity members.

We can map our lands and territories and document ourtraditional knowledge and biodiversity. We can use ourmaps and documented knowledge to tell governments andothers to respect our rights to our lands, resources andterritories

We can make our own plans for developing our land andnatural resources in ways that will support our future

generations, respect our culture and strengthens ourcooperation and unity.

We can demand governments to recognize our self- governance systems and our right to fully participate in

planning programs for our development, and to fullyimplement the requirement for our Free Prior and InformedConsentFPIC on matters that affects us.

We can request for support and assistance from indigenousorganizations and support groups for trainings and capacity

building activities for advocacy and engagements withgovernments, UN agencies, donors, private companies andothers

Building and strengthening indigenous institutions and capacity building


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We can invite indigenous peoples from different organizations and communities together to share and learn about ways to promote, assert and defend our rights.

We can work together on common issues such as theprotection of our land from destructive projects and identifyjoint strategies and actions to promote and defend our rights.

We can work with other indigenous organizations and

communities to plan and hold rallies and demonstrations,submit petition letters or statements about how ourrights have been violated.

We can organize parades during our festivals and displayposters and banners with messages about our rights.

We can build alliances with indigenous authorities andofcials to inuence the laws, policies and programmes theymake.

Networking and advocacy


We can use UNDRIP to enhance solidarity and cooperation

between and among indigenous peoples.


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We can use the UNDRIP to conduct policy dialogues with governments and other relevant institutions

We can call for dialogues with government officials

(local government bodies, government agencies) on therecognition and protection of our rights including our fulland effective participation in decision-making on mattersthat affects us such as development projects.

We can lobby with the governments to use the UNDRIP as the framework for any policies, projects and legislations

relating to our rights and welfare and effective implementation of laws and policies that respect our collective rights.

We can conduct advocacy activities and roundtabledialogues with corporations and international nancialinstitutions to use the UNDRIP as a framework on theirpolicies on indigenous peoples.

We can demand the establishment of effective grievanceand or accountability mechanisms at the local, national,

regional and international levels in relation to theviolations of our rights under the UNDRIP.



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We can use UNDRIP to build and strengthen networks withnon-indigenous peoples for support to our cause

We can work with media professionals who care aboutindigenous peoples rights. We can bring media to ourcommunities to learn about and document our cultures,our struggles and our contributions to society.

We can develop good relations with media to cover andreport on human rights violations as they happen or assoon as quickly as possible to draw public attention

We can launch campaigns through social media networksto generate greater support and solidarity for the protection

of our rights. We can work with Indigenous Vocies in AsiaNetwork (www.iva.aippnet.org) to draw attention to ourissues.

We can work with lawyers, teachers, doctors, religiousleaders and other professionals to help us with theirexpertise and services to strengthen the recognition andprotection of our rights.

We can work with human rights and environmentalorganizations and institutions for the protection ofhuman rights violations and environment.



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We can use UNDRIP to monitor, document and communi cateviolations of our rights, and then seek justice for abuse.

We can document human rights violations through takingphotos, videos, notes, testimonies and afdavits of victimsand witnesses and gather the facts in how, when, whereand who are those involve in the cases of human rightsviolations.

We can work with the families of victims on how to seekjustice and take legitimate actions to generate attention andsupport

We can share our documentation and calls for justice withour networks of media, NGOs and other indigenous communities for their supports. We can contact Indigenous PeoplesHuman Rights Defenders Network (www.iphrdefebders.net)for support.

We can mobilize our community members to take actionthrough legitimate public demonstrations as well as tohave dialogues with government ofcials, armed forces,corporations and others

We can prepare and submit our report and recommendationsrelating to human rights violations and related issues to the National Human Rights Institutions and to UN bodies and

agencies by working with indigenous organizationsrelating with these institutions.



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AIPP at a glance

Te Asia Indigenous Peoples Pact (AIPP)is a regional organization founded in 1988 byindigenous peoples movements as a platform for solidarity and cooperation. AIPP isactively promoting and defending indigenous peoples rights and human rights; sustain-

able development and management of resources and environment protection. hroughthe years, AIPP has developed its expertise on grassroots capacity building, advocacy andnetworking from local to global levels and strengthening partnerships with indigenousorganizations, support NGOs, UN agencies and other institutions. At present, AIPP has 47members from 14 countries in Asia with 7 indigenous peoples national alliances/networksand 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 onlands, territories and resources for their own future and development in an environmentof peace, justice and equality.

Our Mission

AIPP strengthen the solidarity, cooperation and capacities of indigenous peoples in Asiato 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. Ourprogrammes are:

- Human Rights Campaign and Policy Advocacy - Regional Capacity Building

- Environment - Indigenous Women - Research and Communication Development - (Indigenous Youth.)

AIPP is accredited as an NGO in special consultative status with the UN Economic andSocial Council (ECOSOC) and as observer organization with the United Nations Frame-work Convention 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 LandCoalition (ILC).


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While Indigenous peoples are five percent o the globalpopulation, they comprise fifeen percent o the poorest o thepoor. Troughout centuries, indigenous peoples have beenasserting and deending their lands, territories and resourcesas the source o their distinct identities, cultures and ways olie. Tey continue to voice out and demand the recognitiono their collective rights as a matter o attaining equality anddignity or all.

Tis booklet presents in a simple and illustrative manner,the collective rights o indigenous peoples as contained inthe United Nations Declaration on the Rights o IndigenousPeoples (UNDRIP). It is intended as an educational tool orcommunities to understand indigenous peoples rights and toknown what they can do to promote and protect their rights.

For more inormation about indigenous peoples issues, visit:

www.aippnet.org, www.ccmin.aippnet.org,www.iva.aippnet.org, www.iphrdeenders.net

Documents

0645 Learn and Exercise Your Rights