INDIGENOUS PEOPLES HUMAN RIGHTS DEFENDERS FIELD HANDBOOK .
INDIGENOUS PEOPLESHUMAN RIGHTS DEFENDERSFIELD HANDBOOK onHUMAN RIGHTsDOCUMENTATION and ADVOCACY
Indigenous Peoples Human Rights Defenders Field Handbook on Human RightsDocumentation and AdvocacyCopyright Asia Indigenous Peoples Pact 2015All rights reserved.Design and lay-out: Mobile ThinkersPhoto credits: Indigenous Peoples Rights Monitor, Samin NgachPublisher:Asia Indigenous Peoples Pact (AIPP) Foundation108 Moo 5 Tambon SanpranateAmphur Sansai, Chiang Mai 50210 ThailandTel: 66 53 380 168Fax: 66 53 380 752Web: ccmin.aippnet.orghttp://iva.aippnet.orgISBN: 978-616-7898-18-6Printer: AIPP Printing Press32, Moo 2, Tambon SanpranateAmphur Sansai, Chiang Mai 50210 ThailandEmail: info@aippprinting.comWebsite: www.aippprinting.comThis Handbook has been produced with the generous support of the International WorkGroup for Indigenous Affairs (IWGIA).Disclaimer: The opinions expressed in this Handbook do not necessarily represent thoseof IWGIA.The text and data in this Handbook may be reproduced for non-commercial purposes withattribution to the copyright holder. The content of this publication is the sole responsibilityof the Asia Indigenous Peoples Pact.
INDIGENOUS PEOPLESHUMAN RIGHTS DEFENDERSFIELD HANDBOOK onHUMAN RIGHTsDOCUMENTATION andADVOCACY
CONTENTSSECTION 1 HUMAN RIGHTS OVERVIEW1.1 Introduction .21.2 What are human rights? .51.3 Who are indigenous peoples? .81.4 Human rights and indigenous peoples.8Human rights of indigenous peoples .10UNDRIP framework of human rights .11What are indigenous peoples rights? .131.5 Basic principles of human rights .141.6 Who are rights holders and duty bearers? .171.7 What are the obligations of the State? .191.8 Who commits human rights violation and when does it occur? .221.9 What are collective rights? .30SECTION 2 DOCUMENTATION2.1 What is human rights documentation? .322.2 Why is human rights documentation important?.362.3 How do we ensure quality data?.382.4 Building a community profile .412.5 Basic questions that need answers for a particular incident.462.6 Additional samples questions .472.7 Security considerations for victims, witnesses and documentors.502.8 What are the key steps in human rights documentation .52Step 1. Fact finding.52Step 2 Analysing the facts and drawing conclusions. . .65Step 3 Report writing: completing the fact sheet.68SECTION 3 HUMAN RIGHTS ADVOCACY: BRINGING ABOUT CHANGE3.13.23.33.43.53.6What is human rights advocacy?.71What is the importance of human rights advocacy? .71What is the goal of human rights advocacy?.71What actions may be taken to effect change?.72Actual experiences in advocacy.76Protecting and securing IPHRDs at risk .81
ANNEXESA. Information on collective rights violation due to state/corporate projectsB. Information on international financial institutionsC. Networks/support organisations working on IFI issuesD. Sample communication to the Special Rapporteur on the Rights of Indigenous PeoplesE. Community Profile template using the UNDRIP domains (Indigenous Navigator)F. Right to lands, territories and resources (Indigenous Navigator)G. Indigenous Navigator
What is this Handbook?This Training Manual is a part of the series of interrelated educational and trainingmaterials on the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) producedby AIPP as follows :Volume I: Rights ! Training Manual on the UNDRIP (2010)Volume II : Rights ! Updated Training Manual on the UNDRIP (2015)Volume III : Indigenous Peoples Human Rights Defenders Field Handbook on HumanRights Documentation and Advocacy (2015)Volume IV : Training Manual on Advocacy and Lobby on the Rights of IndigenousPeoples (2015)Volume V : Radio Programme Guide on the UNDRIP (2015)All of these will be available at www.aippnet.org. Volume 1 can be found /UNDRIP MANUAL-FINAL.PDF.This Handbook provides comprehensive step-by-step instructions on how to documenthuman rights violations, particularly indigenous peoples’ collective rights, and use thedata gathered for advocacy.Who can use this handbook?Community-based Indigenous Peoples Human Rights Defenders (IPHRDs) are the targetusers of this Handbook. It is primarily intended to guide members of the IPHRD Networkand their organizations, institutions and communities in gathering information on specificcases of human rights violations.It is important that users of this Handbook are already knowledgeable on human rightsin general and are familiar with international human rights instruments1 particularlythe Universal Declaration of Human Rights (UDHR), the UN Declaration on the Rightsof Indigenous Peoples (UNDRIP), the International Covenant on Civil and Political Rights(ICCPR), the International Covenant on Economic, Social and Cultural Rights( ICESR), theInternational Convention on the Elimination of All Forms of Racial Discrimination (ICERD),and the Convention on the Elimination of All Forms of Discrimination Against Women.(CEDAW). These are the main international human rights instruments that shall be used forthe monitoring and documentation of human rights violations.11The terms covenant, treaty and convention are used interchangeably in this Handbook. They are all refer to legally binding agreements between/among states that ratified or acceded to them. These are formal agreements among states that defines their mutualduties and obligations. The term human rights instrument refers to treaties and other international documents like the UDHR and UNDRIP,that aim to protect human rights.
Human Rights overview1.1 introductionDocumentation is only a part of the task of human rights monitoring, a task that takes placethrough time. The main elements of human rights monitoring are: the gathering/collection ofinformation/data (documentation), the verification and analysis of the gathered data, andthen using the information (advocacy).SECTION 1The concern for documentation or conducting fact-finding activities related to human rightsviolations has intensified due to the increasing cases of human rights violations and aggressioncommitted against indigenous peoples, individually and/or as a community. These violationsrange from the violations of individual rights and collective rights, such as harassment/intimidation to extrajudicial killings, from vilification of individuals to forced relocation ofcommunities. Seeking redress to these violations to entails the presentation of complete,credible, reliable, accurate and verifiable data on the human rights violations. These datawill facilitate greater awareness, attention and actions to resolve the case and improve thesituation of victims and hold duty-bearers accountable.This Handbook focuses on documenting violations of the collective rights of indigenouspeoples and its linkage to individual rights. It discusses what to document in these aspects,and how to analyse these violations in a more comprehensive manner. It also offers techniquesand strategies on documenting cases and shares experiences in the community and whereviolations take place. Key insights and strategies on how to advance advocacy on indigenouspeoples’ human rights recognition, protection and fulfilment are also integrated in the manual.Another Training Manual on Advocacy and Lobby on the Rights of Indigenous Peoples producedby AIPP provides a more comprehensive guide for IPHRDs on advocacy. As a companion toolto this Handbook, IPHRDs are encouraged to use this Training Manual.2
This Handbook is dividedinto 3 sectionsSection 1provides the human rights framework and highlightsof basic concepts and principles on human rights toenable users to have a clear overview and to knowwhen a violation is committed. It also identifies whoare rights-holders and duty-bearers. The UNDRIP’sunderpinning principles are thoroughly discussedto provide users a deeper insight into the legallybinding obligations of States to indigenous peoplesunder the UNDRIP.Section 2gives the content of documentation of collective rightsviolations of indigenous peoples. It shows step-by-stepinstruction on how to document any human rights violationwherever they occur to ensure that complete, valid,accurate, verifiable and credible information are collected.Illustrations and tips to guide users in data gathering, dataanalysis and report-writing thru the completion of thefactsheet are also integrated.Section 3tackles processes, strategies and othermatters related to advocacy usingthe factsheet generated from thedocumentation work. It also providesconcrete cases of advocacy fromindigenous peoples’ practice.3
OVERVIEW OFTHE HANDBOOKSTEP 1IncidentSTEP 2documentationSTEP 3analysisSTEP 4report writingSTEP 5ADVOCACY4
1. 2 What ARE Human Rights?SECTION 1Human rights are entitlements for each individual or collectiveto live a life of dignity regardless of age, sex, race, nationality,religion, ethnicity or other status.“HUMAN RIGHTS ARE WHAT REASONREQUIRES AND CONSCIENCE DEMANDS.THEY ARE US AND WE ARE THEM.HUMAN RIGHTS ARE RIGHTS THAT ANYPERSON HAS AS A HUMAN BEING. WEARE ALL HUMAN BEINGS;WE ARE ALL DESERVINGOF HUMAN RIGHTS.ONE CANNOT BE TRUEWITHOUT THE OTHER.”- Kofi AnnanThe United Nations Secretary-General5
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1.3 who are indigenous peoples?INDIGENOUS PEOPLES Peoples who have developed a historical continuity in their territories datingback from pre-invasion and pre-colonial societies and have a strong link withtheir territories and natural environment. They consider themselves distinct from other sectors of society. They presently form a non-dominant section of society. They are determined to preserve, develop and transmit to future generationstheir ancestral territories, and their ethnic identity, as the basis of theircontinued existence as peoples, in accordance with their own cultural patterns,social institutions and legal system.2INDIGENOUS PERSON is an individual who belongs to an indigenous community through selfidentification as indigenous and is recognized and accepted by thecommunity as one of its members.1.4 Human rights & indigenous peoplesHuman rights developed through history to set standards and rules of procedureto ensure the life and dignity of every person that must be adhered to bythose in power (State) but also puts limits to that power, and sets obligations toenable individuals and collectives to exercise and enjoy such rights. Wars thathave plagued human history saw the need for encoding these standards andrules of procedure as agreements that are applicable to all States, and formpart of international human rights instruments. The United Nations (UN) cameinto being primarily for the different nation-states to come together and agree2Jose Martinez R. Cob. UN Doc. E/CN.4/Sub.2/1986/7 and Add. 1-4. The conclusions and recommendations of the study, inAddendum 4, are also available as a United Nations sales publication (U.N. Sales No. E.86.XIV.3). The study was launched in 1972and was completed in 1986, thus making it the most voluminous study of its kind, based on 37 monographs.8
on how to protect the life and dignity of persons and peoples. Human rightsare fully recognized by and is a clear framework of the United Nations systemof which States have clear duties, obligations and commitments to respect,protect and fulfil human rights. WE THE PEOPLES OF THE UNITED NATIONS DETERMINEDto save succeeding generations from the scourge of war, which twice in ourlifetime has brought untold sorrow to mankind, andto reaffirm faith in fundamental human rights, in the dignity and worth of thehuman person, in the equal rights of men and women and of nations largeand small, andto establish conditions under which justice and respect for the obligationsarising from treaties and other sources of international law can bemaintained, andto promote social progress and better standards of life in largerfreedomPreamble, United Nations Charter*Note that the UN Preamble says “We the peoples.” not we the States, nor governments.The UN General Assembly proclaimed the Universal Declaration of HumanRights on December 10, 1948 setting forth the fundamental rights andfreedoms that are to be protected by all Member-States under their sovereignjurisdiction. This Declaration was further developed in 1966 into two legallybinding agreements as the International Covenant on Civil and Political Rights(ICCPR) and the International Covenant on Economic, Social and Cultural Rights(IESCR).9
Article 1 of both covenants include the collective right of self-determination of peoples.One other convention that has clear reference to rights of collectives is the InternationalConvention on the Elimination of All Forms of Racial Discrimination (ICERD) which clearlystates that “ each State Party undertakes to engage in no act or practice of racialdiscrimination against persons, groups of persons or institutions .” [Article 2 (a)]. ThisConvention requires Member-States to combat all forms of racial discrimination, whetherbased on race, color, descent, or national or ethnic origin, and to pursue a policy ofeliminating racial discrimination.Two other UN human rights treaties that are important to indigenous peoples are: International Convention on the Elimination of all Forms of Discrimination AgainstWomen (CEDAW)- Human rights treaty for women which is based on the principles of equality, non-discrimination and the State obligations. International Convention on the Rights of the Child (CRC)- Human rights treaty for children that incorporates the full range of human rights – including civil, political, economic, social and cultural rights – articulated in other humanrights instruments that must be realized for all children, including indigenous children, todevelop their full potentials as human beings.These, and other treaties, have treaty monitoring bodies (TMBs) which are expert bodiesthat have been set up under each human rights treaty to supervise compliance with specifictreaty obligations.HUMAN RIGHTS OF INDIGENOUS PEOPLES“Indigenous peoples’ rights under international law have evolved from existinginternational law, including human rights treaties, to address the specific circumstancesfacing indigenous peoples as well as their priorities, such as rights to their lands, territoriesand resources, and self-determination” Rev.2.pdf, p4.10
The United Nations Declarationon the Rights of IndigenousPeoples (UNDRIP)The UNDRIP is the human rights instrument that encapsulates and affirms all rights provided inexisting human rights instruments, covering both individual and collective rights. It addressesthe particular circumstances and specificities of indigenous peoples to achieve social justice,non-discrimination and equality for them. These are, thereby, not special rights or privilegesfor indigenous peoples, but a means to ensure the dignity of indigenous peoples like everyoneelse. The UNDRIP was adopted by the UN General Assembly on September 13, 2007, andestablishes a universal framework of minimum standards for the survival, dignity, well-beingand rights of the world’s indigenous peoples.The UNDRIP sets out the duties and responsibilities of States for the respect andprotection of the human rights of indigenous peoples.UNDRIP framework of human rights1144Please go to Annex G for further explanation on the Indigenous Navigator, an initiative to monitor the implementation of the UNDRIPwhich provides a framework and a set of tools for indigenous peoples to systematically monitor the level of recognition and implementation of their rights. Documentation of human rights violations will feed into this.
How are these rights contained in other international laws?Below shows the existing human rights treaties and agreements that underpins the UNDRIPExample: Rights to lands, territories and resourcesSee Annex F for more complete linkages on rights to lands, territories and resources.12
What areindigenous peoplesrights?Among the most fundamental elementsof international human rights law arethe principles of equality and nondiscrimination. These are expressed in theoverarching principles at the heart of theUNDRIP: equality and respect for diversity,including gender equality, which requiresthe full respect for human rights.Indigenous peoples rights in the UNDRIP can be classified into thefollowing 12 domains: Self-determination, including autonomy and self-government; autonomousinstitutions; identity and membership; customary law; consultation and free,prior and informed consent. Cultural integrity, including languages; cultural heritage; traditionalknowledge; intellectual property Lands, territories and natural resources, including legal recognition;protection and adjudication; dispossession, removal and relocation;compensation, restitution and redress; environment; military activities. Fundamental rights and freedoms, including right to life; physical andmental integrity; liberty; security, and; protection from violence andgenocide Participation in public affairs, including citizenship Legal protection, access to justice and remedy Cross-border contact Freedom of expression and media, including combating prejudice anddiscriminatory propaganda General economic and social development, including the right to food;development; social security; housing and sanitation Education Health Employment and occupation, including child labour; vocational training.13
1.5 Basic Principlesof Human Rights“All human beings are born free and equal in dignity and rights.”Article 1, Universal Declaration of Human RightsA. Inherent to each individual not given, bought or inherited every individual is a rights holder because they are born with these rightsto live a life of dignityI was bornwith it.It’s FOR free!B . UNIVERSAL same for individuals regardless of sex, religion, ethnicity, political or otheropinion, national, social origin, or other status, to ensure non-discrimination applies to everyone, everywhere entitlements simply by virtue of being humani have myrights.We allhave humanrights!i haverights too!me too!14
Basic Principles ofHuman RightsC. Inalienable it cannot be taken away no one has the right to deprive anotherperson of any right for any reason it is present even when the law does notrecognize itno one cantake my rightsaway from me!D. Indivisible, interrelated and interdependent all rights are equal in importance and no right can be enjoyed fully withoutthe others improvement of one right facilitates the advancement of the others; thedeprivation of one right adverse
materials on the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) produced by AIPP as follows : Volume I: Rights ! Training Manual on the UNDRIP (2010) Volume II : Rights ! Updated Training Manual on the UNDRIP (2015) Volume III : Indigenous Peoples Human Rights Defenders Field Handbook on Human
2.5 Telling the story of Indigenous rights in Australia 2.6 Patterns in Indigenous and non-Indigenous relation 2.7 Exploring the timeline of Indigenous and non-Indigenous history 03 The intervention and human rights Worksheets: 3.1 The Amperlatwaty walk-off 3.2 The intervention and human rights 04 Land and Indigenous Peoples’ rights Worksheets:
UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES adopted by the United Nations General Assembly 13 September 2007, document A/61/295 ADVISORY OPINION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS ON THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
Arizona Journal of International & Comparative Law Vol 21, No. 1 2004 272 term “indigenous peoples.”6 Of the more than 75 million Filipinos, about 12 to 15 million are indigenous peoples, or about 17-22% of the total population in 1995. 7 The population data regarding the indigenous peoples in the country vary
Indigenous Australian businesses, can share their experiences. DFAT has in place a five-year Indigenous Peoples Strategy to guide its work on issues affecting Indigenous Peoples across the foreign policy, aid, trade and corporate objectives for the department. Through its Indigenous Peoples Strategy and this Charter, DFAT will work with the
PEOPLES 17 (James Crawford ed., 1988); Benedict Kingsbury, Reconciling Five Competing Conceptual Structures of Indigenous Peoples' Claims in International and Comparative Law, in PEOPLES' RIGHTS 69 (Philip Alston ed., 2001); Feisal Hussain Naqvi, People's Rights or Victim's Rights: Reexamining the
Colombia's economy is dominated by land-intensive industries where operations often bring significant human rights risks. This makes the work of human rights defenders (HRDs) and civil society in the country critical to bringing shared prosperity, freedom and sustainability. But our analysis shows that defenders who
Study on the on the Rights of Indigenous Peoples – Good practices and challenges in business and access to financial services by Indigenous Peoples Submission by Cultural Survival. April 2017 Submitted by Cultural Survival Cultural Survival 2067 Massachusetts Avenue Cambridge,
SAMPLE CONTENT 1 Word Meaning bashfulness (n) shyness or discomfort with other people be a pussy-cat (phrase) here, laze around indoors beckoned (v) invited or guided someone with a gesture of a hand behold (v) see; witness betokening (v) be a sign of blanc-mange (n) almond flavoured milk pudding blunt (adj) here, saying something honestly without trying to be polite
