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Indigenous Peoples
WORKING DEFINITION/CRITERIA have a historical continuity with preinvasion and pre-colonial societies that developed their territories consider themselves distinct from other sectors of societies now prevailing in those territories or parts of them they form at present non-dominant sectors of society determined to preserve, develop, and transmit to future generations their ancestral territories and their ethnic identity as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems self-identification or ascription Study on the discrimination against indigenous peoples (Martnez Cobo Study)
Approximately 200 million in Asia- 2/3 of the estimated 370 million of the Worlds Indigenous Peoples In Southeast Asia, various names are used by governments to refer to IPs collectively such as ethnic minorities, hill tribes, native people and indigenous cultural communities.
Key Issues
SOCIAL, ECONOMIC, and POLITICAL MARGINALIZATION lower literacy level lesser access to health and education services lesser access to infrastructures: electricity, communication, water facilities, etc higher incidents of poverty based on national poverty line standards (poorest of the poor) Political misrepresentation/ no representation
Key Issues
History of colonization and subjugation by nation-states/ assimilation Systematic discrimination in various forms Non- recognition of ancestral lands, territories Non-recognition of collective socio-cultural and political systems/customary laws Displacements/ relocation Conflicts and militarization Lack of effective participation in political and development affairs
Key Issues
Continuing loss and destruction of land and territories brought about by: Large scale mining, large dams, logging concessions, etc Classification of IP lands for commercial agriculture, military reservations, national parks, tourism development, etc Privatization of IP lands for Real Estate
Key Issues
Indigenous Women Limited participation to decision making processes Gender based violence in situations of armed conflicts and militarization While economic development may offer opportunities for indigenous women, it can deprive them of their existing livelihood, increase their vulnerability to abuse and violence and undermine their social status (A/68/279)
Cultural Rights
The freedom of indigenous peoples to persist in, also to develop their own: -Language, music, performing arts, literature -Worldview, religion or belief system and spiritual traditions -Knowledge and learning systems, science and technology -Customs, practices or habitual ways of doing things
Features of FPIC
FPIC allows indigenous peoples to exercise control and management over their land and territories and to command respect for their cultural integrity and self-determination, especially on their development as distinct peoples. FPIC defines the relationship and level of engagement of indigenous peoples with outside entities
Features of FPIC
FPIC is an iterative process that should be undertaken in good faith to ensure mutual respect and meaningful participation of indigenous peoples in decision-making on matters affecting them.
Practical measures to address power imbalances could include Employing independent facilitators for consultations or negotiations Establishing funding mechanisms that would allow indigenous peoples to have access to independent technical assistance and advice Developing standardized procedures for the flow of information to indigenous peoples regarding both the risks and potential benefits of extractive projects. (A/HRC/24/41 )
Experiences on FPIC
Philippines -manipulation of the FPIC process by the NCIP, resulting in the fabrication of indigenous peoples consent -FPIC is reduced into a checklist that is used to facilitate the entry of development projects into indigenous lands regardless of the wishes of indigenous communities. -NCIP regularly deviates from its own FPIC rules when it becomes clear that the outcome of the process is likely to involve the community withholding consent.
Lack of monitoring mechanism to monitor companys compliance to the agreement. Philippines: Most of the FPIC implemented started at the wrong foot with companies and government agencies using economic benefits to lure the communities to give their consent. Royalties and other benefits had become a divisive factor and source of conflict for many communities.
Indonesia
One of UN REDDs (Reducing Emissions from Deforestation and Forest Degradation) pilot provinces in Indonesia for the implementation of the REDD+ project is Central Sulawesi. In the pilot FPIC implementation, the following lessons were gleaned: The FPIC guideline should include coordination with other agencies such as the District Forestry Service and the Sub-district authority among others. Information dissemination/awareness raising should involve forest-related Technical Implementation Units A platform for complaints management between the community and the Forest Management Unit needs to be developed.
indigenous peoples should have the option of participating in the management of the extractive projects, in addition to whatever regulatory control they may exercise, in keeping with their right to self-determination. (A/HRC/24/41 )
4. 5. 6.
In some cases the indigenous people concerned is provided a minority ownership interest in the extractive operation, and through that interest is able to participate in management decisions and profits from the project. (A/HRC/24/41 )
2. 3.
(A/HRC/24/41 )
Working Group on the issue of human rights and transnational corporations and other business enterprises A comprehensive policy framework should: > ensure the full recognition and operationalization of the right of indigenous peoples to self-determination and to participate in decision making in matters affecting their rights; their right to determine and develop strategies for exercising their right to development and for the development or use of their lands or territories or other resources and the principle of FPIC > establish effective remedy mechanisms, which should be binding for State authorities and the private or stateowned enterprises involved (A/68/279)
Conditions for States or third party business enterprises to achieve and sustain agreements with indigenous peoples for extractive projects include:
a. adequate State regulatory regimes (both domestic and with extraterritorial implications) that are protective of indigenous peoples rights b. indigenous participation in strategic State planning on natural resource development and extraction; corporate due diligence c. fair and adequate consultation procedures d. just and equitable terms for the agreement.