Pm - Indigenous Peoples And Development
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Facilitator’s Notes Day 6: Development Modules
Session 29 Indigenous Peoples Rights and Development PURPOSE OF MODULE The purpose of the module is to: • Give participants an understanding of the term ‘indigenous’ in a global context, and in Asia • Provide participants with an understanding of the distinct legal provisions for the promotion and protection of indigenous rights in international law, in particular the right to land and the right to selfdetermination (including of development processes) • Challenge participants to think about the patterns of discrimination and exclusion of indigenous peoples • Challenge participants to consider the distinct development challenges of indigenous peoples in their own countries • Challenge participants to consider appropriate responses to the challenges that indigenous peoples are facing TIME SCHEDULE • • • • •
Group Exercise One and Introduction (20 min) Who are indigenous peoples? The Rights of Indigenous Peoples (25 min) Group Exercise Two (30 min) Discrimination and Exclusion/Indigenous Peoples and Development Choices (25 min) Group Exercise Three and Wrap Up (20 min)
MATERIALS REQUIRED • • • •
•
3 sets of 5 cards: examples of indigenous peoples in Asia
PROCESS This module is divided into five sections, with three accompanying group exercises. The five sections of the module are: 1. 2. 3. 4. 5.
Who are indigenous peoples? The rights of indigenous peoples Discrimination and Exclusion Development Choices What can we do?
Each section has a series of 1-3 slides, and accompanying discussion notes. The facilitators and trainers should familiarize themselves with the speaking notes, and also suggested further readings to ensure they are comfortable with the subject matter. For participants, hand-outs will be provided that capture key elements of the module, however again further reading is recommended for those interested in gaining a more complete understanding of this complex issue. To encourage discussion and engagement with the issues as they are raised during the course of the module, three group exercises have been provided. The three group exercises are: Exercise 1: perceptions of indigenous peoples Exercise 2: discrimination and exclusion Exercise 3: responses to development challenges
Manila cards (1/4 of an A4 page) Coloured pens LCD Projector for slide presentation Flipcharts for each group table
FACILITATOR’S MANUAL
447
Facilitator’s Notes Day 6: Development Modules
MODULE CONTENT Preparation: Prior to the end of the session previous to this, the participants should be introduced to the topic of indigenous peoples as the next thematic area of focus. Ask each participant to think about the concept of indigenous peoples. This term is one which some of participants will have an understanding of, and some of them will be unsure of – most likely is that there will be a range of different understandings of what this term means. Participants should be asked what is the first thing that comes into their minds when they think of the term ‘indigenous’? An image? What image? An adjective? A particular people? They should think about this over the break.
discriminatory. Draw out also the popular presentations of indigenous peoples within media and education – what leads to us having these particular views of who indigenous peoples are? This exercise is not intended to reach a definite conclusion, it is intended to begin participants thinking about how they, and their societies, view indigenous peoples in Asia.
1. Who are indigenous peoples? Objective: to provide participants with an understanding of who indigenous peoples are, in Asia and globally.
On return from the break, the participants should write or draw the image / word or idea that first came to their minds when they thought of the term ‘indigenous’. Collect these cards at each table. Ask participants to share among themselves, and request sharing in plenary. Each participant should bring their card up to the front of the room, and stick on the flip carts.
(Slide Two) There is no universally accepted definition of indigenous peoples. Indigenous peoples’ advocates have stated clearly that they do not see any need for a definition (other ‘peoples’ are not defined), and refuse any attempts at/for a definition on the grounds that it is discriminatory and will be used to limit and exclude. The right of selfidentification is an integral part of the right of self determination.
GROUP EXERCISE 1 This exercise aims to focus participants on the perceptions or prejudices that we hold about indigenous peoples and start participants thinking about the causes of such preconceived ideas and notions
It is however possible to identify shared characteristics to allow organizations, agencies and governments to identify indigenous peoples. A number of organizations, including in the UN system, have attempted to outline such characteristics, and form a set of normative understandings about who indigenous peoples are.
(Slide One contains the instructions participants for this exercise)
for
Looking at images and ideas that came to the participants when they first thought of the term ‘indigenous’. There are no right or wrong answers here - we are looking at popular perceptions and ideas in society. A key theme of difference from national society emerges, which can be both empowering or
FACILITATOR’S MANUAL
The key characteristics, representing a modern and evolving understanding of the term indigenous, are: •
Self-identification as an indigenous person at the individual level (subjective), complemented by acceptance by the community/peoples as their member (objective).
448
Facilitator’s Notes Day 6: Development Modules
• • • • • •
Historical continuity with pre-colonial and/or pre-settler societies Strong/spiritual link to territories and surrounding natural resources Distinct social, economic and/or political institutions/systems Distinct language, culture and beliefs Form non-dominant groups of society Determined to maintain and transmit their traditions, beliefs and practices as distinctive peoples and communities.1
It is estimated by the UN that there are 370 million people in the world who identify as indigenous. The majority of these, an estimated 200 million, are in Asia-Pacific.
thus the rights of indigenous peoples must be realized and protected as an integrated whole. (Slide Four) In addition, emerging from the distinct relationship of indigenous peoples to the states in which they live and the often marginalized and discriminated position they hold in national societies, there is an emerging body of international law which provides special legal provisions for the protection of the rights of indigenous peoples. Central to this is the right to non-discrimination, a particularly important issue for indigenous peoples who often suffer historical and contemporary discrimination in the national societies in which they live. Some of the key documents are listed here:
2. The rights of indigenous peoples
The Draft Declaration on the Rights of Indigenous Peoples
Objective: to provide participants with an understanding of the special legal provisions that exist for the protection and promotion of the rights of indigenous peoples
The Convention concerning the protection and integration of indigenous and other tribal and semi-tribal populations in independent countries 1957 (ILO Convention 107)
(Slide Three) Indigenous peoples hold of all rights enshrined in the three core Human Rights instruments – the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. These rights are universal, indivisible and inalienable. They are not established by the recognition of them by governments but pre-exist, inherent to being human.
The Convention concerning indigenous and tribal peoples in independent countries 1989 (ILO Convention 169)
Violations of economic, social and cultural rights – such as failure to protect the land rights of indigenous peoples, denying the right to education in one’s mother tongue and inequitable provision of health care – are often linked with civil and political rights violations in patterns of denial. No human right can be realized in isolation from other rights and
Convention on the Elimination of Racial Discrimination, 1965
1
FACILITATOR’S MANUAL
UNESCO Universal Declaration on Cultural Diversity, 2001 Convention on Biological Diversity, 1992 Convention on the Rights of the Child, 1989
Among the most important of the special provisions to protect the rights of indigenous peoples are the right to self-determination, the right to lands and territories and the right to education. These rights are enshrined in a range of instruments. We will look at some of the provisions in international law for the protection of these rights. The legal provisions are, however, more complex than we can
449
Facilitator’s Notes Day 6: Development Modules
comprehensively review here, and further reading is recommended. Towards this end some citations will be provided in a handout – in the session itself we will discuss the importance of these rights to the lives and livelihoods of indigenous peoples. (Slide Five, Six, Seven and Eight provide illustrative citations of some key provisions for indigenous peoples’ rights) (Slide Eight) This article of the International Covenant on Civil and Political Rights has been interpreted as including the right to maintain traditional livelihoods – including also the right to the lands and territories needed for such livelihoods. (Slide Nine) Taken together, these rights describe a responsibility on the part of states to ensure that indigenous peoples are freely able to enjoy and realize their fundamental human rights, through general human rights law and through the special provisions for indigenous peoples. 3. Discrimination and Exclusion Objective: to provide participants with an understanding of the factors that contribute to the marginalization of indigenous peoples (Slide Ten and Eleven) The position of indigenous peoples in national society includes marginalization from national development and the decision making process of development. Governments and agencies often regard indigenous peoples as the recipients / beneficiaries of development initiatives rather than actors in the process itself. Inappropriate development planning for indigenous peoples can serve to further marginalize them from national development processes and deepens the cycle of discrimination and neglect. The factors contributing to exclusion and discrimination against indigenous peoples may include:
FACILITATOR’S MANUAL
• • •
•
•
Cultural discrimination (eg. Viewing indigenous peoples as ‘backwards’ or inferior to the dominant society); Political marginalization (non-participation in local and national political processes); Geographical isolation (eg. Lands and territories may be far from the centre of government, leading to lower access to services); Non-recognition (lack of recognition of distinct cultures and languages, lack of recognition of special relationship to lands and territories, lack of recognition of traditional authority stuctures); and Perception of not being part of the nation-state/fear of a divided state (e.g. fear of secession, fear of conflict stemming from ‘special status’)
GROUP EXERCISE 2 (Slide Twelve) This exercise aims to bring the discussion into a concrete and practical level by providing examples and encouraging discussion around, real examples of the impact of discrimination and exclusion on indigenous peoples in Asia. Provide to all groups of participants five cards that have been prepared, detailing situations facing indigenous peoples in Asia. For each of the situations, ask the groups to discuss among themselves, and right on the card the number (1-5) of the cause of the situation. If they identify a cause that is not listed above, then the cause should be written on the card. Collect the cards, and stick them on flip-charts at the front of the room, according to the root cause that the participants have identified. Then ask participants to think about each of these causes, and any additional that have been mentioned. Ask them to identify within their groups the types of impacts that they think each factor could have on indigenous peoples. Each group should identify at least one (perhaps more) impacts for each of the factors listed. Give participants 5-10 minutes, and then collect the cards they have written on and cluster again on the same flip charts.
450
Facilitator’s Notes Day 6: Development Modules
Impacts that are identified by participants may include the following: • Cultural/social discrimination - discrimination in employment, access to education, access to equitable services from government - discrimination in media and education portrayals of peoples’ cultures - Social stigma and resulting identity issues • Political non-participation - Exclusion from decision making, the decisions made do not reflect the needs of the peoples whom they are intended to benefit - No reflection of the needs or aspirations of indigenous peoples in the policies of states in which they live - Resettlement or movement of indigenous peoples from lands for development purposes (extractive industries, mining etc.) • Geographical isolation - Lack of services, - Lack of specific planning of alternative solutions based on equal rights to services. - Policies of re-settlement, - Policies of integration. • Non-recognition - Lack of government funding and support for indigenous peoples’ schools, development projects and cultural practices • Fear of division/secession - Militarization of indigenous lands and territories Some of these possible impacts may be due to more than one factor. 4. Indigenous Choices
Peoples
and
Development
Objective: to challenge participants to think of appropriate ways to address the marginalization of indigenous peoples from the development process
FACILITATOR’S MANUAL
(Slide Thirteen) The shape and form of development processes emerge from a process of decision making that is reflective of power relationships in society. If equitable and effective development is to be realized, full stakeholder participation in the design and control of the form of development is necessary. Indigenous peoples have the right to determine their own social, cultural and economic development, and this requires free, prior and informed consent, and a conscious shift in power relationships. Effective development requires participation of people in the decisions made about processes that effect them. If a process was occurring which impacted on the lives of you and your family, you would want a say in what and how that process occurs. This is the principle of representation – the right to participate in processes that impact on you. As seen, indigenous peoples disproportionately hold disadvantaged position in national societies. They often lack the political position to realize the right of all peoples to selfdetermination. Thus special attention is required to ensure that this right is effectively protected and recognized. This right is stated in the Draft Declaration on the Rights of Indigenous Peoples in Article 3: “Indigenous peoples have the right of self-determination. By virtue of that right they freely determine, their political status and freely pursue their economic, social and cultural development” If this right is not realized and protected, development processes do not meet the needs of the peoples concerned. The result of noninclusion has been recognized by development financing institutions such as UNDP, the World Bank and the Asian Development Bank. Each of these institutions have developed policies which aim to ensure that indigenous peoples
451
Facilitator’s Notes Day 6: Development Modules
are included in the decision making process of development impacting on them.
5. What can you do?
UNDP recognized this issue, and responded with the ‘UNDP and Indigenous Peoples: A Policy of Engagement’ position paper. This policy of engagement requires that indigenous peoples are consultant with, and involved with, any and all development programmes or projects impacting on them.
(Slide Fifteen) The main aim of this section of the module is to highlight the contribution that participants can make in terms of:
GROUP EXERCISE 3 This exercise aims to draw attention to the practical and concrete steps that different sectors of society can take towards meeting the development challenges that face indigenous peoples. Basing the conversations on the challenges identified by participants earlier in the module, the exercise allows the participants to complete their thinking on the earlier issues they have brought up. For each of the identified challenges, participants should think of appropriate ways in which these development challenges can be met. How can development processes better reflect the aspirations of vulnerable and marginalized groups?
• • •
Advocacy (including the importance of recognition of indigenous peoples) Awareness-raising (including the impact of ignoring the issues indigenous peoples face) Coalition building (other sectors in society realizing the mutual benefit of a socially and culturally inclusive society.
(Slide Fourteen) Returning to the ‘impacts’ cards that are clustered on the flip-charts at the front of the room, ask participants to think of concrete actions that could be taken at national or regional level to mitigate the impacts listed. This could include actions to address the root causes, and actions to address the impact of these factors. This discussion should take place initially at a group level, and then a facilitated plenary discussion during which participants will bring up cards with suggested actions to stick next to the identified impacts and challenges. Inclusion of indigenous peoples in decisionmaking processes should be emphasized in the discussions.
FACILITATOR’S MANUAL
452
Facilitator’s Notes Day 6: Development Modules
Annex 1 The rights of indigenous peoples’ in international law: some illustrative examples The following excerpts are illustrative. For further information the decisions of the relevant committees (treaty bodies) in relation to indigenous peoples should be accessed also. The treaties and conventions themselves also have additional relevant clauses not included here. The right to self-determination, to control over the course of their own social, cultural and economic development “All peoples have the right to self determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development” Shared Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights Article 3 of the draft Declaration on the Rights of Indigenous Peoples The right to lands and territories, including the total environment of the area in which indigenous peoples live or which they use Article 13 1. In applying the provisions of this Part of the Convention governments shall respect the special importance for the cultures and spiritual values of the peoples concerned of their relationship with the lands or territories, or both as applicable, which they occupy or otherwise use, and in particular the collective aspects of this relationship.
FACILITATOR’S MANUAL
2. The use of the term lands …shall include the concept of territories, which covers the total environment of the areas which the peoples concerned occupy or otherwise use. Article 14 1. The rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognised. In addition, measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. Particular attention shall be paid to the situation of nomadic peoples and shifting cultivators in this respect. 2. Governments shall take steps as necessary to identify the lands which the peoples concerned traditionally occupy, and to guarantee effective protection of their rights of ownership and possession. 3. Adequate procedures shall be established within the national legal system to resolve land claims by the peoples concerned. Articles 13-20 of the International Labour Organisation Convention 169 on Indigenous and Tribal Peoples in Independent Countries deal with lands and natural resources
453
Facilitator’s Notes Day 6: Development Modules
The right to maintain and develop their distinct cultures and traditions “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” Article 27 (1) of the Universal Declaration of Human Rights “Cultural rights are an integral part of human rights, which are universal, indivisible and interdependent.” Article 4 of the UNESCO Universal Declaration on Cultural Diversity “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.” Article 27 of the Convention on the Elimination of Racial Discrimination This article of the International Covenant on Civil and Political Rights has been interpreted as including the right to maintain traditional livelihoods – including also the right to the lands and territories needed for such livelihoods.
FACILITATOR’S MANUAL
454
Session 29 Indigenous Peoples Rights and Development PURPOSE OF MODULE The purpose of the module is to: • Give participants an understanding of the term ‘indigenous’ in a global context, and in Asia • Provide participants with an understanding of the distinct legal provisions for the promotion and protection of indigenous rights in international law, in particular the right to land and the right to selfdetermination (including of development processes) • Challenge participants to think about the patterns of discrimination and exclusion of indigenous peoples • Challenge participants to consider the distinct development challenges of indigenous peoples in their own countries • Challenge participants to consider appropriate responses to the challenges that indigenous peoples are facing TIME SCHEDULE • • • • •
Group Exercise One and Introduction (20 min) Who are indigenous peoples? The Rights of Indigenous Peoples (25 min) Group Exercise Two (30 min) Discrimination and Exclusion/Indigenous Peoples and Development Choices (25 min) Group Exercise Three and Wrap Up (20 min)
MATERIALS REQUIRED • • • •
•
3 sets of 5 cards: examples of indigenous peoples in Asia
PROCESS This module is divided into five sections, with three accompanying group exercises. The five sections of the module are: 1. 2. 3. 4. 5.
Who are indigenous peoples? The rights of indigenous peoples Discrimination and Exclusion Development Choices What can we do?
Each section has a series of 1-3 slides, and accompanying discussion notes. The facilitators and trainers should familiarize themselves with the speaking notes, and also suggested further readings to ensure they are comfortable with the subject matter. For participants, hand-outs will be provided that capture key elements of the module, however again further reading is recommended for those interested in gaining a more complete understanding of this complex issue. To encourage discussion and engagement with the issues as they are raised during the course of the module, three group exercises have been provided. The three group exercises are: Exercise 1: perceptions of indigenous peoples Exercise 2: discrimination and exclusion Exercise 3: responses to development challenges
Manila cards (1/4 of an A4 page) Coloured pens LCD Projector for slide presentation Flipcharts for each group table
FACILITATOR’S MANUAL
447
Facilitator’s Notes Day 6: Development Modules
MODULE CONTENT Preparation: Prior to the end of the session previous to this, the participants should be introduced to the topic of indigenous peoples as the next thematic area of focus. Ask each participant to think about the concept of indigenous peoples. This term is one which some of participants will have an understanding of, and some of them will be unsure of – most likely is that there will be a range of different understandings of what this term means. Participants should be asked what is the first thing that comes into their minds when they think of the term ‘indigenous’? An image? What image? An adjective? A particular people? They should think about this over the break.
discriminatory. Draw out also the popular presentations of indigenous peoples within media and education – what leads to us having these particular views of who indigenous peoples are? This exercise is not intended to reach a definite conclusion, it is intended to begin participants thinking about how they, and their societies, view indigenous peoples in Asia.
1. Who are indigenous peoples? Objective: to provide participants with an understanding of who indigenous peoples are, in Asia and globally.
On return from the break, the participants should write or draw the image / word or idea that first came to their minds when they thought of the term ‘indigenous’. Collect these cards at each table. Ask participants to share among themselves, and request sharing in plenary. Each participant should bring their card up to the front of the room, and stick on the flip carts.
(Slide Two) There is no universally accepted definition of indigenous peoples. Indigenous peoples’ advocates have stated clearly that they do not see any need for a definition (other ‘peoples’ are not defined), and refuse any attempts at/for a definition on the grounds that it is discriminatory and will be used to limit and exclude. The right of selfidentification is an integral part of the right of self determination.
GROUP EXERCISE 1 This exercise aims to focus participants on the perceptions or prejudices that we hold about indigenous peoples and start participants thinking about the causes of such preconceived ideas and notions
It is however possible to identify shared characteristics to allow organizations, agencies and governments to identify indigenous peoples. A number of organizations, including in the UN system, have attempted to outline such characteristics, and form a set of normative understandings about who indigenous peoples are.
(Slide One contains the instructions participants for this exercise)
for
Looking at images and ideas that came to the participants when they first thought of the term ‘indigenous’. There are no right or wrong answers here - we are looking at popular perceptions and ideas in society. A key theme of difference from national society emerges, which can be both empowering or
FACILITATOR’S MANUAL
The key characteristics, representing a modern and evolving understanding of the term indigenous, are: •
Self-identification as an indigenous person at the individual level (subjective), complemented by acceptance by the community/peoples as their member (objective).
448
Facilitator’s Notes Day 6: Development Modules
• • • • • •
Historical continuity with pre-colonial and/or pre-settler societies Strong/spiritual link to territories and surrounding natural resources Distinct social, economic and/or political institutions/systems Distinct language, culture and beliefs Form non-dominant groups of society Determined to maintain and transmit their traditions, beliefs and practices as distinctive peoples and communities.1
It is estimated by the UN that there are 370 million people in the world who identify as indigenous. The majority of these, an estimated 200 million, are in Asia-Pacific.
thus the rights of indigenous peoples must be realized and protected as an integrated whole. (Slide Four) In addition, emerging from the distinct relationship of indigenous peoples to the states in which they live and the often marginalized and discriminated position they hold in national societies, there is an emerging body of international law which provides special legal provisions for the protection of the rights of indigenous peoples. Central to this is the right to non-discrimination, a particularly important issue for indigenous peoples who often suffer historical and contemporary discrimination in the national societies in which they live. Some of the key documents are listed here:
2. The rights of indigenous peoples
The Draft Declaration on the Rights of Indigenous Peoples
Objective: to provide participants with an understanding of the special legal provisions that exist for the protection and promotion of the rights of indigenous peoples
The Convention concerning the protection and integration of indigenous and other tribal and semi-tribal populations in independent countries 1957 (ILO Convention 107)
(Slide Three) Indigenous peoples hold of all rights enshrined in the three core Human Rights instruments – the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. These rights are universal, indivisible and inalienable. They are not established by the recognition of them by governments but pre-exist, inherent to being human.
The Convention concerning indigenous and tribal peoples in independent countries 1989 (ILO Convention 169)
Violations of economic, social and cultural rights – such as failure to protect the land rights of indigenous peoples, denying the right to education in one’s mother tongue and inequitable provision of health care – are often linked with civil and political rights violations in patterns of denial. No human right can be realized in isolation from other rights and
Convention on the Elimination of Racial Discrimination, 1965
1
FACILITATOR’S MANUAL
UNESCO Universal Declaration on Cultural Diversity, 2001 Convention on Biological Diversity, 1992 Convention on the Rights of the Child, 1989
Among the most important of the special provisions to protect the rights of indigenous peoples are the right to self-determination, the right to lands and territories and the right to education. These rights are enshrined in a range of instruments. We will look at some of the provisions in international law for the protection of these rights. The legal provisions are, however, more complex than we can
449
Facilitator’s Notes Day 6: Development Modules
comprehensively review here, and further reading is recommended. Towards this end some citations will be provided in a handout – in the session itself we will discuss the importance of these rights to the lives and livelihoods of indigenous peoples. (Slide Five, Six, Seven and Eight provide illustrative citations of some key provisions for indigenous peoples’ rights) (Slide Eight) This article of the International Covenant on Civil and Political Rights has been interpreted as including the right to maintain traditional livelihoods – including also the right to the lands and territories needed for such livelihoods. (Slide Nine) Taken together, these rights describe a responsibility on the part of states to ensure that indigenous peoples are freely able to enjoy and realize their fundamental human rights, through general human rights law and through the special provisions for indigenous peoples. 3. Discrimination and Exclusion Objective: to provide participants with an understanding of the factors that contribute to the marginalization of indigenous peoples (Slide Ten and Eleven) The position of indigenous peoples in national society includes marginalization from national development and the decision making process of development. Governments and agencies often regard indigenous peoples as the recipients / beneficiaries of development initiatives rather than actors in the process itself. Inappropriate development planning for indigenous peoples can serve to further marginalize them from national development processes and deepens the cycle of discrimination and neglect. The factors contributing to exclusion and discrimination against indigenous peoples may include:
FACILITATOR’S MANUAL
• • •
•
•
Cultural discrimination (eg. Viewing indigenous peoples as ‘backwards’ or inferior to the dominant society); Political marginalization (non-participation in local and national political processes); Geographical isolation (eg. Lands and territories may be far from the centre of government, leading to lower access to services); Non-recognition (lack of recognition of distinct cultures and languages, lack of recognition of special relationship to lands and territories, lack of recognition of traditional authority stuctures); and Perception of not being part of the nation-state/fear of a divided state (e.g. fear of secession, fear of conflict stemming from ‘special status’)
GROUP EXERCISE 2 (Slide Twelve) This exercise aims to bring the discussion into a concrete and practical level by providing examples and encouraging discussion around, real examples of the impact of discrimination and exclusion on indigenous peoples in Asia. Provide to all groups of participants five cards that have been prepared, detailing situations facing indigenous peoples in Asia. For each of the situations, ask the groups to discuss among themselves, and right on the card the number (1-5) of the cause of the situation. If they identify a cause that is not listed above, then the cause should be written on the card. Collect the cards, and stick them on flip-charts at the front of the room, according to the root cause that the participants have identified. Then ask participants to think about each of these causes, and any additional that have been mentioned. Ask them to identify within their groups the types of impacts that they think each factor could have on indigenous peoples. Each group should identify at least one (perhaps more) impacts for each of the factors listed. Give participants 5-10 minutes, and then collect the cards they have written on and cluster again on the same flip charts.
450
Facilitator’s Notes Day 6: Development Modules
Impacts that are identified by participants may include the following: • Cultural/social discrimination - discrimination in employment, access to education, access to equitable services from government - discrimination in media and education portrayals of peoples’ cultures - Social stigma and resulting identity issues • Political non-participation - Exclusion from decision making, the decisions made do not reflect the needs of the peoples whom they are intended to benefit - No reflection of the needs or aspirations of indigenous peoples in the policies of states in which they live - Resettlement or movement of indigenous peoples from lands for development purposes (extractive industries, mining etc.) • Geographical isolation - Lack of services, - Lack of specific planning of alternative solutions based on equal rights to services. - Policies of re-settlement, - Policies of integration. • Non-recognition - Lack of government funding and support for indigenous peoples’ schools, development projects and cultural practices • Fear of division/secession - Militarization of indigenous lands and territories Some of these possible impacts may be due to more than one factor. 4. Indigenous Choices
Peoples
and
Development
Objective: to challenge participants to think of appropriate ways to address the marginalization of indigenous peoples from the development process
FACILITATOR’S MANUAL
(Slide Thirteen) The shape and form of development processes emerge from a process of decision making that is reflective of power relationships in society. If equitable and effective development is to be realized, full stakeholder participation in the design and control of the form of development is necessary. Indigenous peoples have the right to determine their own social, cultural and economic development, and this requires free, prior and informed consent, and a conscious shift in power relationships. Effective development requires participation of people in the decisions made about processes that effect them. If a process was occurring which impacted on the lives of you and your family, you would want a say in what and how that process occurs. This is the principle of representation – the right to participate in processes that impact on you. As seen, indigenous peoples disproportionately hold disadvantaged position in national societies. They often lack the political position to realize the right of all peoples to selfdetermination. Thus special attention is required to ensure that this right is effectively protected and recognized. This right is stated in the Draft Declaration on the Rights of Indigenous Peoples in Article 3: “Indigenous peoples have the right of self-determination. By virtue of that right they freely determine, their political status and freely pursue their economic, social and cultural development” If this right is not realized and protected, development processes do not meet the needs of the peoples concerned. The result of noninclusion has been recognized by development financing institutions such as UNDP, the World Bank and the Asian Development Bank. Each of these institutions have developed policies which aim to ensure that indigenous peoples
451
Facilitator’s Notes Day 6: Development Modules
are included in the decision making process of development impacting on them.
5. What can you do?
UNDP recognized this issue, and responded with the ‘UNDP and Indigenous Peoples: A Policy of Engagement’ position paper. This policy of engagement requires that indigenous peoples are consultant with, and involved with, any and all development programmes or projects impacting on them.
(Slide Fifteen) The main aim of this section of the module is to highlight the contribution that participants can make in terms of:
GROUP EXERCISE 3 This exercise aims to draw attention to the practical and concrete steps that different sectors of society can take towards meeting the development challenges that face indigenous peoples. Basing the conversations on the challenges identified by participants earlier in the module, the exercise allows the participants to complete their thinking on the earlier issues they have brought up. For each of the identified challenges, participants should think of appropriate ways in which these development challenges can be met. How can development processes better reflect the aspirations of vulnerable and marginalized groups?
• • •
Advocacy (including the importance of recognition of indigenous peoples) Awareness-raising (including the impact of ignoring the issues indigenous peoples face) Coalition building (other sectors in society realizing the mutual benefit of a socially and culturally inclusive society.
(Slide Fourteen) Returning to the ‘impacts’ cards that are clustered on the flip-charts at the front of the room, ask participants to think of concrete actions that could be taken at national or regional level to mitigate the impacts listed. This could include actions to address the root causes, and actions to address the impact of these factors. This discussion should take place initially at a group level, and then a facilitated plenary discussion during which participants will bring up cards with suggested actions to stick next to the identified impacts and challenges. Inclusion of indigenous peoples in decisionmaking processes should be emphasized in the discussions.
FACILITATOR’S MANUAL
452
Facilitator’s Notes Day 6: Development Modules
Annex 1 The rights of indigenous peoples’ in international law: some illustrative examples The following excerpts are illustrative. For further information the decisions of the relevant committees (treaty bodies) in relation to indigenous peoples should be accessed also. The treaties and conventions themselves also have additional relevant clauses not included here. The right to self-determination, to control over the course of their own social, cultural and economic development “All peoples have the right to self determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development” Shared Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights Article 3 of the draft Declaration on the Rights of Indigenous Peoples The right to lands and territories, including the total environment of the area in which indigenous peoples live or which they use Article 13 1. In applying the provisions of this Part of the Convention governments shall respect the special importance for the cultures and spiritual values of the peoples concerned of their relationship with the lands or territories, or both as applicable, which they occupy or otherwise use, and in particular the collective aspects of this relationship.
FACILITATOR’S MANUAL
2. The use of the term lands …shall include the concept of territories, which covers the total environment of the areas which the peoples concerned occupy or otherwise use. Article 14 1. The rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognised. In addition, measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. Particular attention shall be paid to the situation of nomadic peoples and shifting cultivators in this respect. 2. Governments shall take steps as necessary to identify the lands which the peoples concerned traditionally occupy, and to guarantee effective protection of their rights of ownership and possession. 3. Adequate procedures shall be established within the national legal system to resolve land claims by the peoples concerned. Articles 13-20 of the International Labour Organisation Convention 169 on Indigenous and Tribal Peoples in Independent Countries deal with lands and natural resources
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The right to maintain and develop their distinct cultures and traditions “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” Article 27 (1) of the Universal Declaration of Human Rights “Cultural rights are an integral part of human rights, which are universal, indivisible and interdependent.” Article 4 of the UNESCO Universal Declaration on Cultural Diversity “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.” Article 27 of the Convention on the Elimination of Racial Discrimination This article of the International Covenant on Civil and Political Rights has been interpreted as including the right to maintain traditional livelihoods – including also the right to the lands and territories needed for such livelihoods.
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