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An Assessment of the First International Decade of the World’s Indigenous Peoples in Asia, – 2004 Michael Kollmair Programme Manager Culture, Equity, Gender and Governance Programme International Centre for Integrated Mountain Development
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Background Of the estimated 300 million indigenous peoples in the world, about 70 per cent live in Asia Indigenous communities have remained marginal to mainstream political and economic systems and experience social discrimination, economic exploitation and political marginalization
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First Decade Indigenous Peoples: Partnership in Action
United Nations declared as the First International Decade of the World’s Indigenous Peoples. ‘To strengthen international cooperation for the solution of the problems faced by indigenous peoples in the areas of human rights, culture, the environment, development, education and health’
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The Assessment In 2005, IFAD with ICIMOD and Tebtebba embarked upon undertaking one of the few, comprehensive assessments of the Decade in Asia Tebtebba covered Cambodia, Indonesia, Philippines, Thailand and Vietnam (South-East Asia, SEA) ICIMOD covered Bangladesh, Bhutan, China, India and Nepal (Hindu-Kush Himalaya, HKH)
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Goal and Objectives The overall goal of the assessment project is to contribute to poverty reduction and improved livelihoods by promoting, advancing and protecting the rights of Indigenous Peoples in Asia. To increase understanding and awareness concerning the status of Indigenous Peoples in South and South-East Asia To strengthen the capacity of institutions which support the well being of Indigenous Peoples To contribute to creating an enabling environment for policy and programme development and advocacy to advance the rights of Indigenous Peoples
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Questions To what extent did the declaration of the Decade improve the status of indigenous peoples in Asia? What tangible, positive changes did the Decade help to bring about in individual nation-states for addressing the issues / needs of indigenous peoples? What, in general is the value of such declarations by international bodies like the UN?
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Research Process Undertaken with in-country partners in all the ten countries. Primary research consisted of consultations at the local and national level with indigenous organizations, researchers, universities, NGOs and donor agencies Secondary research consisted of a literature review comprising documents from the UN, other international agencies, government policies, NGO reports, media reports and academic writing Culmination Workshop in Kathmandu (Nov. 2006)
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Challenges It is difficult to attribute changes in policy and civil society at international and national level directly to the Decade (human rights, social inclusion) This problem of attribution in turn limits the presentation of quantifiable and tangible impacts of the Decade The diversity and heterogeneity of the Indigenous Peoples’ social and political context in the different countries
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Successes at International Level
Increasing solidarity among IPs around the world The Permanent Forum on Indigenous Issues The post of the UN Special Rapporteur The United Nations Voluntary Fund The Indigenous Fellowship Programme The International Day of the World’s Indigenous People
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Failures at International Level
The non-adoption of the Draft Declaration on the Rights of Indigenous Peoples Limited influence within sovereignty of nation-states Lack of sufficient funds for its activities Low level of awareness among the UN staff Lack of coordination amongst UN agencies on thematic issues
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Awareness In general very low awareness of the Decade at all levels (IPs, research, NGOs, UN) Differed radically between active indigenous activists who take part in meetings of the UN and the common indigenous person at the grassroots level Formation of many indigenous peoples’ organisations and networks in countries
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Traditional Livelihoods
Traditional land-use methods like shifting cultivation are still discouraged Traditional knowledge of IPs is not sufficiently included in development projects More information needs to be disseminated to communities to be able to understand the legal and policy regime Negative attitudes and stereotypes about IPs are still widespread Use of indigenous languages in education and media facilitated by state policy could be seen as an indicator of a move from assimilation to integration strategy
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Land Rights Most urgent issue: right to land and access to natural resources Rights to land and territories are not only undermined by conservation imperatives but also increasingly by extractive industries The lands, forests and territories of indigenous peoples are still being acquired without ‘free, prior and informed consent’ of indigenous peoples Elite capture of land at the hands of powerful and elite indigenous individuals who often collude with external commercial forces
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Policy Changes in political systems and regimes, the strength of IP movements and the influence of international multilateral and bilateral agencies are the main reasons for changes during the Decade Only Cambodia, Nepal, and Philippines officially recognize the term ‘indigenous peoples’ (others: tribals, ethnic minorities, highlander) International conventions and instruments all subject to national legislation Implementation of these conventions and treaties is poor with few mechanisms to ensure compliance
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Policy General shift to decentralisation in decision making and social inclusion policies First Decade saw the revision of policies of many multilaterals and bilaterals Pressure of new economic imperatives driven by trade liberalisation and globalisation Budgetary allocations reveal that there is a shift away from investment in agriculture to industry Main challenge: Lack of political commitment in effective implementation of policies
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Judiciary Mixed picture on the role the judiciary played
Upholding the rights of indigenous peoples realized (e.g. public interest litigations for environmental rights). But extent determined by the structural factor of its independence from the executive and the mitigation of often positive judgments by the economic imperatives of the state
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Programmes Some countries (China, Vietnam) pursuing vigorous poverty alleviation programmes for ethnic minorities Some international organisations have specific policies on IPs (e.g. ADB, IFAD) Like in other countries these programmes tend to promote conventional models of development without sufficient direct consultation with indigenous peoples and their participation in the project cycle Much more investment needs to be made in making indigenous peoples aware of their rights through legal literacy
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Recommendations Need for disaggregated data to strengthen the case for indigenous peoples’ rights Need to establish mechanisms and provide support to existing conventions and treaties to actively promote awareness raising, capacity building, and translation of relevant documents into local languages Need for more investment in making indigenous peoples aware of their rights, for example through legal literacy Need for promotion of multi-lingual and intercultural education to preserve IP languages and cultures
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Recommendations Need to promote culturally sensitive poverty alleviation and development programmes Need to set up activities on sharing and learning for non-indigenous persons, governments, civil society, and the media on indigenous issues in order to increase awareness and recognition of cultural diversity Need for the UN system to encourage a more inclusive, wide-ranging, or rotational participation in its processes among indigenous peoples.
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Remarks The myth of pristine, united and egalitarian indigenous communities must be explored The assessment found that there must be greater clarity on the justified demands for IPs self-determination so that it is no longer perceived as a threat to the sovereignty of states Social inclusion and gender issues should be promoted within and beyond the struggle for IP rights
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Definition Although there is no single definition for the term ‘indigenous people’, a widely cited definition is provided by Jose R. Martinez Cobo: ‘Indigenous communities, peoples and nations are those which, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing on those territories, or parts of them. They form at present non-dominant sectors of society and are 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.’
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Five main objectives of the Second International Decade of the World’s Indigenous Peoples
Promoting non-discrimination and inclusion of indigenous peoples in the design, implementation and evaluation of international, regional and national processes regarding laws, policies, resources, programmes and projects. Promoting full and effective participation of indigenous peoples in decisions which directly or indirectly affect their lifestyles, traditional lands and territories, their cultural integrity as indigenous peoples with collective rights or any other aspect of their lives, considering the principle of free, prior and informed consent. Redefining development policies that depart from a vision of equity and that are culturally appropriate, including respect for the cultural and linguistic diversity of indigenous peoples. Adopting targeted policies, programmes, projects and budgets for the development of indigenous peoples, including concrete benchmarks, and particular emphasis on indigenous women, children and youth. Developing strong monitoring mechanisms and enhancing accountability at the international, regional and particularly the national level, regarding the implementation of legal, policy and operational frameworks for the protection of indigenous peoples and the improvement of their lives. (United Nations Permanent Forum on Indigenous Issues)
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