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United Nations Development Programme Regional Initiative on Indigenous Peoples’ Rights and Development http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/ Regional Centre in Bangkok This Newsletter highlights RIPP's work and partnership with Governments, Indigenous Peoples’ Organizations and UNDP Country Offices in Asia Pacific. UNDP and Indigenous Peoples: A Policy of Engagement UNDP is mandated to address the development needs of the world’s poorest and most vulnerable, through the five key practice areas of Democratic Governance; Poverty Reduction; HIV/AIDs; Crisis Prevention and Recovery; and Energy and Environ- ment. In 2001 UNDP adopted a Policy of Engagement with Indigenous Peoples. The Policy is in direct response to the disproportionately vulnerable situa- tions facing many indigenous peoples, and the need for constructive dialogue with indigenous peoples when devising development activities affecting them. This Policy of Engagement provides the framework to guide UNDP’s work in the area of indigenous issues. It is built on the recognition that indigenous peoples must be engaged in, and in ownership of, activities concerning their rights and development. UNDP’s engagement with indigenous peoples has received a fresh impetus with the historic adoption of the Declaration on the Rights of Indigenous Peoples on 13 September 2007 - by an overwhelm- ing majority of UN member-states, including from Asia and the Pacific. The Regional Initiative on Indigenous Peoples’ Rights and Development (UNDP RIPP) RIPP was established in September 2004 within the frame- work of UNDP’s Policy of Engagement with Indigenous Peo- ples (2001). RIPP has gained recognition as a unique initiative within the UN system. RIPP provides advice and support on strengthening national policy and programming frameworks. The Initiative offers a neutral space to bring together governments, UNDP COs, agencies and indigenous peoples’ organizations/CSOs to dis- cuss and agree frameworks for cooperation. The Regional Initiative will continue its work within the frame- work of UNDP’s regional cooperation framework for Asia- Pacific for 2008-2011. During the new phase, RIPP will strive to address indigenous issues at the regional level to ensure bet- ter integration in national development processes and out- comes – with the UN Declaration on the Rights of Indigenous Peoples providing guiding principles for its work, together with UNDP’s policy of engagement. The Regional initiative on Indigenous Peoples’ Rights and De- velopment is part of the regional programming of UNDP through the Regional Centre in Bangkok. The RCB provides advice and technical support to the UNDP country offices within the region, covering some 25 countries in Asia-Pacific.

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Page 1: UNDP and Indigenous Peoples: The Regional Initiative on ... · ter integration in national development processes and out- ... focused on the traditional system of jhum cultivation,

United Nations Development Programme

Regional Initiative on Indigenous Peoples’ Rights and Development http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/

Regional Centre in Bangkok

This Newsletter highlights RIPP's work and partnership with Governments, Indigenous Peoples’ Organizations

and UNDP Country Offices in Asia Pacific.

UNDP and Indigenous Peoples: A Policy of Engagement

UNDP is mandated to address the development needs of the world’s poorest and most vulnerable, through the five key practice areas of Democratic Governance; Poverty Reduction; HIV/AIDs; Crisis Prevention and Recovery; and Energy and Environ-ment. In 2001 UNDP adopted a Policy of Engagement with Indigenous Peoples. The Policy is in direct response to the disproportionately vulnerable situa-tions facing many indigenous peoples, and the need for constructive dialogue with indigenous peoples when devising development activities affecting them. This Policy of Engagement provides the framework to guide UNDP’s work in the area of indigenous issues. It is built on the recognition that indigenous peoples must be engaged in, and in ownership of, activities concerning their rights and development. UNDP’s engagement with indigenous peoples has received a fresh impetus with the historic adoption of the Declaration on the Rights of Indigenous Peoples on 13 September 2007 - by an overwhelm-ing majority of UN member-states, including from Asia and the Pacific.

The Regional Initiative on Indigenous Peoples’ Rights and Development (UNDP RIPP) RIPP was established in September 2004 within the frame-work of UNDP’s Policy of Engagement with Indigenous Peo-ples (2001). RIPP has gained recognition as a unique initiative within the UN system. RIPP provides advice and support on strengthening national policy and programming frameworks. The Initiative offers a neutral space to bring together governments, UNDP COs, agencies and indigenous peoples’ organizations/CSOs to dis-cuss and agree frameworks for cooperation. The Regional Initiative will continue its work within the frame-work of UNDP’s regional cooperation framework for Asia-Pacific for 2008-2011. During the new phase, RIPP will strive to address indigenous issues at the regional level to ensure bet-ter integration in national development processes and out-comes – with the UN Declaration on the Rights of Indigenous Peoples providing guiding principles for its work, together with UNDP’s policy of engagement. The Regional initiative on Indigenous Peoples’ Rights and De-velopment is part of the regional programming of UNDP through the Regional Centre in Bangkok. The RCB provides advice and technical support to the UNDP country offices within the region, covering some 25 countries in Asia-Pacific.

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United Nations Development Programme

Regional Initiative on Indigenous Peoples’ Rights and Development http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/

Regional Centre in Bangkok

2

Natural resource management and access to and control over land and resources are critical concerns shared by in-digenous peoples throughout Asia and around the world. Through local, regional and national consultations, RIPP and its partners are evaluating the relationship between government policies and indigenous practices on natural resource management. Bridging the Gap: Policies and Practices on Indigenous Peoples’ Natural Resource Management in Asia As a first step, UNDP RIPP conducted analytical studies on natural resources systems and their interface with na-tional laws and policies in Bangladesh, Cambodia, Malaysia and Thailand. Consultations carried out with indigenous communities, governments, NGOs and academics have enriched and informed the studies and enabled the inclu-sion of a wide range of perspectives. A regional synthesis paper draws on the country assessments to identify gaps in policy and practice, and compiles key recommendations for further work on this issue. The final report, Bridging the Gap, was launched at the Regional Dialogue on Indigenous Peoples and Natural Resource Management. Regional Dialogue

From 10-14 November 2007, UNDP’s Regional Initiative on Indigenous Peoples’ Rights and Development (RIPP) brought together 120 practitioners and policy makers from 13 countries in Asia, including government representatives; indigenous leaders, elders and youth; researchers and com-munity workers; and UNDP country offices to share chal-lenges and opportunities implicit in lands, natural resource management and cultural sustainability. The Chairperson of UN Permanent Forum on Indigenous Issues delivered the keynote address at the opening session. The Regional Dialogue, the 1st on this issue, looked at natu-ral resource management through the lens of climate change and adaptation by indigenous peoples to

development, globalization and environmental degradation. It was held in Chiang Mai, Thailand, in partnership with the Asia Indigenous Peoples’ Pact (AIPP), the International Alliance for Indigenous and Tribal Peoples of the Tropical Forests (IAITPTF), the Inter-Mountain Peoples’ Associa-tion for Education and Culture in Thailand (IMPECT), and the International Work Group for Indigenous Affairs (IWGIA), with support from The Christensen Fund.

The aim was to create both the space and the opportunity to highlight policies and practices of indigenous sustainable development, and victories and challenges faced by indige-nous community-led action in protecting and promoting their cultural diversity. The Dialogue focused on the organic link between global warming, bio-cultural diversity and livelihood opportunities and practices, while providing a space for participants to share victories and challenges faced by indigenous peoples. Participants agreed and adopted a Regional Action Plan for further work in this area, and are currently engaged in net-working and partnering on different initiatives.

Land, Natural Resources and Climate Changes (1)

Full reports on the Regional and Community Dialogues can be downloaded at: http://regionalcentrebangkok.undp.or.th/

practices/governance/ripp/cs.html

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United Nations Development Programme

Regional Initiative on Indigenous Peoples’ Rights and Development http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/

Regional Centre in Bangkok

3

Land, Natural Resources and Climate Changes (2)

Community Dialogues and Pilot Project The Regional Dialogue forms part of a broader, inter-linked multi-dimensional strategy and includes an ongoing series of Community Dialogues and a Global Dialogue, complemented by pilot projects on sustainable bio-culturalism and adaptation to climate change. The first two Community Dialogues were organized in October and No-vember 2007, in the Chittagong Hill Tracts, Bangladesh, and West Nusa Tengara, Indonesia, with four more Community Dialogues planned for 2008-09. The Community Dialogue in Indonesia drew out the issue of unpredictable seasonal patterns that have caused serious damage to agriculture and livelihoods through severe flooding in the wet season and water shortages during the dry months. The extreme fluctuations in climate, marked since 1999, have impacted human development negatively, and contributed to higher levels of poverty amongst indigenous communities. In the Chittagong Hill Tracts, the Community Dialogue focused on the traditional system of jhum cultivation, and how it is being impacted, not only in terms of intensity and crop diversity, but also in fallow management. A majority of the indigenous peoples in the CHT depend upon jhum for rice production and for meeting their subsistence needs. For them, jhum is more than a farming method; it is a source of knowledge and struggle for protecting culture and identity. They have many practices, taboos, beliefs, and folklores passed down from generation to generation through oral traditions. However, this knowledge is little inventoried and documented. By drawing on indigenous knowledge and technologies, they maintain biodiversity in the CHT region.

Global Dialogue The results and momentum of the Regional Dialogue and Community Dialogues will be shared, and inform the Global Dialogue at the 7th Session of the UN Permanent Forum on Indigenous Issues, 21 April - 2 May 2008 in New York, which will have the theme: Climate Change, Bio-Cultural Diversity and Livelihoods: the Stewardship Role of Indigenous Peoples and New Challenges.

Global Dialogue: Climate Change and Indigenous Peoples’ Bio-cultural Diversity Time and Venue: 1.15 - 2.45 pm, Tuesday, 22 April 08; Conference Room 7 Speakers: • Ms. Victoria Tauli-Corpuz, Chairperson,

The UN Permanent Forum on Indigenous Issues • Mr. Kamardi, AMAN, Indonesia • Mr. Matthew Tauli, CPA, Philippines • Mr. Mani Swapan Dewan, TAUNGYA, Bangladesh • Ms. Mary Giun, PACOS, Malaysia • Mr. Tokiwaio Blah, Northeast India Opening Remarks: Mr. David Lockwood, Regional Bureau for Asia Pacific, UNDP Moderator: Mr. Phrang Roy, The Christensen Fund Organizers: • UNDP’s Regional Indigenous Peoples Programme • Asia Indigenous Peoples Pact • Asia Indigenous Peoples Caucus • The Christensen Fund

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United Nations Development Programme

Regional Initiative on Indigenous Peoples’ Rights and Development http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/

Regional Centre in Bangkok

4

Development Policies and Frameworks

Human Rights Based Approach to Develop-ment (HRBA) and Indigenous Peoples In response to the development challenges facing indige-nous peoples in Asia-Pacific, RIPP continues efforts to strengthen the application of the Human Rights Based Ap-proach to Development (HRBA) by building greater aware-ness of the principles of the HRBA and its value as an ad-vocacy and implementation tool to strengthen indigenous peoples’ rights and development.

As part of an ongoing initiative on Indigenous Peoples and the Human Rights-Based Approach to Development: En-gaging in Dialogue, RIPP organized two sub-regional trainings: (1) in Nepal, in partnership with the Human Rights Commission of Nepal and UNDP Nepal from 25 September to 4 October 2007; and (2) in the Philippines, together with UNDP Philippines and the Cordillera Indige-nous Peoples’ Legal Centre (DINTEG) from 26-30 Octo-ber 2007. The two workshops provided 50 indigenous representa-tives with skills training on international law, including the Declaration on the Rights of Indigenous Peoples, and the application of the Human Rights Based Approach to

Development from the perspective of indigenous peoples. The aim is to enable indigenous peoples to actively pro-mote their rights and advocate for culturally appropriate development that is in accordance to their needs and pri-orities. RIPP will continue to build and expand on this by developing a manual and toolkit on Human Rights Based Approach to Development and Indigenous Peoples. Our work is guided by a task force of indigenous experts. Analytical Study A complementary activity has been to undertake assess-ments of the impact of the development policies and pro-grammes on indigenous peoples. Conceptualized during a planning workshop in October 2005, in close partnership with the ADB and IPOs, a series of analytical studies to identify the gaps and opportunities of the major financial institutions were completed in 2006: Engaging in Dialogue: The Human Rights Based Approach to Development and Indigenous Peoples (DINTEG-RIPP). This was followed by a series of analytical studies on existing projects funded partly or fully by the Asian Development Bank. The case studies, carried out in five countries: Bangladesh, India, Indonesia, Nepal, and Philippines, review the use and enforcement of the ADB’s safeguard policies, and establish recommendations for further action and follow up. The studies informed an ADB safeguard review process with consultations under-taken in November 2007, and are part of UNDP/RIPP’s ongoing cooperation with the ADB.

The complete case studies can be downloaded at: http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/ifit.html

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United Nations Development Programme

Regional Initiative on Indigenous Peoples’ Rights and Development http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/

Regional Centre in Bangkok

5

E-Inclusion and Media for Indigenous Peoples

RIPP, in partnership with UNDP’s Asia-Pacific Develop-ment Information Programme and the Asia Regional Gov-ernance Programme, organized a workshop at the e-Bario Knowledge Fair in Sarawak, Malaysia from 6–8 December 2007. Bringing together representatives of indigenous ICT–media practitioners and academics/researchers from 14 countries across Asia-Pacific, Canada and Australia. The workshop facilitated the sharing of knowledge and experi-ences and resulted in the formulation of an agenda on Communication Empowerment for Indigenous Peoples

and the E-Bario Vision for Indigenous Peoples and ICT (see below). A key success of the workshop was agreement on a Re-gional Action Plan to develop an e-inclusion project for Asia’s indigenous peoples. This idea was presented, as a first step, during a panel discussion at the Third Global Knowledge Conference in Kuala Lumpur on 12 December 2007.

THE E-BARIO VISION FOR INDIGENOUS PEOPLES AND ICTS

We welcome the UN Declaration on the Rights of Indigenous Peoples. The Declaration serves to further invigorate our own energies towards realising our rights and we note that the Decla-ration is a single, albeit vital step towards the ultimate goal of fully realising them. We acknowledge the work Indigenous Peoples have done in bridging the digital divide with reference to the WSIS process and note Article 15 of the WSIS Declaration states, ‘In the evo-lution of the Information Society, particular attention must be given to the special situation of Indigenous Peoples, as well as the preservation of their heritage and cultural legacy’. This fur-ther supports the work of the Global Indigenous Community in protecting Indigenous Knowledge. ICTs with quality rich applications and media provide significant opportunities that support aspirations of Indigenous Peoples, as demonstrated by the E-Bario Telecentre and many other Indige-nous driven examples around the world.

The E-Bario Vision for Indigenous Peoples and ICTs foresees a world in which all Indigenous Peoples everywhere, irrespective of our location, are able to make full and effective use of new media and ICTs whilst retaining our strength in diversity and simultaneously uniting in purpose towards our common goal of self-determination. In this Vision, we will pursue our develop-ment and self-reliance on our own terms whilst retaining the full intent of the Declaration. The Vision recognises the need for widespread development and deployment of contemporary and future ICTs and new media for the realisation of creative and effective solutions for the problems faced by Indigenous Peoples. We acknowledge the role of governments and other stakeholders and consequently we are looking for respective partnerships in the following priority areas: • Sensitise and raise awareness of policy makers and civil soci-

ety organisations on freedom of expression and rights to in-formation for Indigenous Peoples in Asia

• Training of Indigenous journalists and other media profes-sionals in reporting in Indigenous Peoples issues and in har-nessing ICT/new media

• Develop the capacity of Indigenous Peoples organisations for setting up ICT interventions for e-inclusion to test applica-tions of common interest (e.g. land, culture, poverty, health, access to information, freedom of expression)

• Develop the capacity in setting up a number of Indigenous community media facilities (radio, website, telecentre etc)

• Establish a “community of practice” for sharing of good practices on e-inclusion and media for Indigenous Peoples

• Research on the need and availability of disaggregated data that reflects the situation of Asia’s Indigenous Peoples, as they themselves would like to express it.

The photograph taken by a Kelabit child during a two days learning session on Multi-media Reporting. Ms. Ina Hume from Vanishing Rites trained them prior to the Workshop

For more information please contact Rukka Sombolinggi ([email protected]) and/or Lars Bestle ([email protected]) Or visit: http://regionalcentreinbangkok/practice/governance/ripp/media.html

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United Nations Development Programme

Regional Initiative on Indigenous Peoples’ Rights and Development http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/

Regional Centre in Bangkok

6

In cooperation with the Asia Indigenous Peoples Pact Founda-tion (AIPP) and local partners, UNDP RIPP is conducting train-ings for Indigenous Women on Decision-Making. The main emphasis of the IWDM trainings is to address the power dynamics that characterize the daily lives and relationships of indigenous women in their communities. Given the generally low status occupied in most societies by women in general and indigenous women in particular – with their triple burden of be-ing indigenous, women and poor - training to enable indigenous women to be better informed on their rights strengthens their capacity to demand and enjoy the same. This is also an excellent building block towards empowerment and capacity develop-ment. The main activities under this initiative include trainings of train-ers (TOTs), community based trainings, and the development of a manual which is shaped and adapted to the trainings. The manual on Indigenous Women and Deci-sion Making has been published in 2007. The trainings provide indigenous women with knowledge about national and inter-national laws relevant to their lives. The trainings also serve as a venue for partici-pants to share experiences and concerns with each other. For example, in the Phil-ippines participants expressed concerns about the negative impacts of develop-ment on indigenous women; they also noted that building capac-ity and confidence hinges on access to information. Within this environment women are able to effectively network with one another and build relationships to support each other in deci-sion-making. The Indigenous Women in Decision-Making initiative has been identified as a ‘good practice’ by the UN Inter-Agency Task Force on Indigenous Women, and is included in a compilation which was launched during the sixth session of the UN Perma-nent Forum on May 2007. Trainings for Indigenous Women Leaders on Decision-Making (2005-2007): ♦ 5-9 August 2005: First training was held in Ranggamati, Chit-

tagong Hill Tracts, Bangladesh for 33 indigenous women lead-ers from Chakma, Marma, Pankua, Khiang, Tangchangya, Tri-pura, Bawm, Chak, Mro, Khumi, Garo, Khashi and Orao.

♦ 8-15 December 2005: the Partners for Community Organizers

(PACOS) Trust co-organized a counterpart training in Sabah, Malaysia. Thirty two participants from Malaysia (including 5 men) attended from the region of Peninsular Malaysia, Sara-wak and Sabah. This series included six women representatives from Bangladesh as part of their training as local trainers and as an exchange/sharing of experiences component. UNDP/RIPP staff served as resource persons.

♦ In August 3-9, 2006 a training was conducted for indigenous

women in Philippines in close coordination with the Cordil-lera Women’s Education and Research Center, BAI and In-nabuyog. There were 32 participants from six indigenous groups and seven local trainers.

♦ The training for indigenous women in Burma was con-

ducted in two stages: (1) 14-16 August 2006 for participants along the Thai-Burma border in coordina-tion with the Nationalities Youth Forum and the Shan Women’s Action Network; and (2) August 28-31, 2006 for partici-pants along the Burma –Northeast India border in coordination with the Chin Hu-man Rights Organization. There were 63 participants ♦ In 4-10 September 2007, a training was organized by the Nepal Indigenous Women Federation, attended by indige-nous women leaders representing 18 in-digenous communities. Two trainers from Bangladesh also participated.

♦4-6 September 2007, a training was organized by Naga Women Union of Manipur in Northeast India attended by in-digenous women representatives from five States of Northeast India. Future Plans: There are a number of requests for follow on trainings in other communities, and AIPP-RIPP are discussing future plans. Building on the knowledge gained during the first three years, work in this area will continue with expansion into other critical areas such as violence and conflict prevention.

Indigenous Women in Decision-Making

For more information please visit our website : http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/gltp.html

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United Nations Development Programme

Regional Initiative on Indigenous Peoples’ Rights and Development http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/

Regional Centre in Bangkok

7

Law and Policy Framework

Introduction Law and policy frameworks are key structural requirements for the reali-zation of fundamental freedoms and basic rights of indigenous peoples. RIPP has established partnerships with governments, civil society and UNDP country offices to work on these frameworks. The Regional Initiative works within governance systems to promote the rights and expand the development choices of indigenous peoples. In this context, law and policy frame-works are an essential part of effec-tive and sustained change. RIPP’s efforts aim at securing greater inclusion and participation of indigenous peoples in democratic governance processes, through policy initia-tives and their translation into law and policy frameworks. Law and Policy Initiative Cambodia In response to a request for technical assistance from the Royal Government of Cambodia, RIPP has been working closely with UNDP Cambodia to contribute towards the adoption of a policy on indigenous peoples’ development. This has included policy and programming support to the Ethnic Minority Department of the Ministry of Rural De-velopment – the governmental unit responsible for indige-nous peoples - to strengthen policy dialogue between gov-ernment agencies, civil society, and indigenous peoples at the grassroots and national levels, including in ten prov-inces. The policy is currently in the final stages of review prior to its adoption. Law and Policy Initiative in Indonesia In Indonesia, RIPP support, in close cooperation with UNDP Indonesia, has focused on a review of national laws and policies relevant to indigenous peoples. Our in-volvement served as a catalyst to bring together

the Indonesian government and a national alliance of indigenous peo-ples (AMAN) to conduct the re-view, including through provincial and district-level consultations to identify gaps and provide recom-mendations for further action. This will inform the ongoing legal and policy reform process in the coun-try, and our efforts in this regard continue. Results informed a December 2007 policy workshop on the Accommo-dation of Indigenous Peoples’ Rights in the Constitution, organ-ized by UNDP and the ILO, in co-operation with the Indonesian Gov-

ernment - the Constitutional Court and the National Commission on Human Rights. RIPP is currently following up on the issue of national policy reform regarding indigenous peoples in Indonesia, Cambodia and elsewhere in the region; bringing together UNDP Country offices, governments and indigenous peo-ples organizations. This will build on and expand on work done so far. In addition, RIPP plans to conduct a regional mapping of the law and policy processes relevant to in-digenous peoples.

Complete report on Legal Recognition of Indigenous Peo-ples in Indonesia can be downloaded at: http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/PublicationsandKnowledgeProducts.html

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United Nations Development Programme

Regional Initiative on Indigenous Peoples’ Rights and Development http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/

Regional Centre in Bangkok

8

Introduction UNDP-RIPP has conducted a series of analytical case studies into this issue to assess the gaps and challenges to-wards more inclusive governance. Analyses from Bangla-desh, Cambodia, India, Philippines and Thailand form part of a regional series on Inclusive Governance for Disadvan-taged Groups, undertaken in cooperation with the UNDP Asia Regional Governance Programme and UNDP Asia Pacific Gender Mainstreaming Programme. The RIPP’s reports were commissioned from experts and practitioners with theoretical and practical experience on the issue, with a view to identifying solutions and ways for-ward and drawing out the regional dimensions of the issue. The case studies were conducted in a participatory and em-powering process and highlight the root causes for legal marginalization of indigenous peoples with land emerging as a critical issue. UNDP plans to use these substantive reports to advocate for change to better accommodate indigenous peoples’ rights in national law and policy programmes and proc-esses. This will be done at the country level and at the re-gional level. In addition, access to justice specific activities will be planned through consultations with UNDP country offices, governments, law and policy makers, and indige-nous peoples’ organizations for country specific activities in Bangladesh, Cambodia and elsewhere in the region . Access to Justice for Indigenous Peoples in Bangladesh Meghna Guhathakurta, Sara Hossain, Raja Devasish Roy This case study aims to identify the main problems regard-ing access to the formal and traditional justice systems for indigenous people as a particular disadvantaged group fo-cusing on the right to access to land and forests, the right

to life and liberty and personal security, the right to gender justice and finally the right to participation and representa-tion. Given an overwhelming dependence on land and agricul-ture, access to and enjoyment of land are among the most common problems in Bangladesh, irrespective of ethnicity. Specific problems are faced by Adivasis (indigenous peo-ples), who have in many cases through operation of law and by force been systematically dispossessed of their lands. Shifting demographics, and the expansion of the ma-jority culture into areas traditionally inhabited by Adivasis, including in some areas formally categorised as ‘forests’, have given continued impetus to such instances of forcible and violent dispossession. Land is also of course of par-ticular social and cultural significance to most Adivasis. In the plains, while they are not recognized by any state law or institution, the traditional systems of justice of many plains Adivasi communities remain active and engaged in alternative dispute resolution, of both civil and criminal matters. So for example, within the Garo community, the traditional dispute resolution body, known as the Nokma, continues to operate. In the CHT, apart from the formal judicial system, the traditional local institutions centred around the positions of Rajas (Circle Chiefs), Mouza Head-men and village Karbaris still serve as interlocutors with regard to access to justice for indigenous peoples. Bangladesh law formally recognizes their dispute resolution functions with regard to a number of matters, including custom based family laws and some land and natural re-source related rights. There are different legal frameworks in operation, and many obstacles relating to access to justice with regard to rights to land and forests, both in relation to the plains and the CHT.

Access to Justice (1)

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United Nations Development Programme

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Regional Centre in Bangkok

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Access to Justice (2)

Note: Full report can be downloaded at: http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/ipjcs.html

Indigenous Traditional Legal Systems and Conflict Resolution in Ratanakiri and Mon-dulkiri Provinces, Cambodia Maria Backstrom and Jeremy Ironside

This paper presents a summary of the findings of a par-ticipatory action-research Case Study into Indigenous Traditional Legal Systems in Ratanakiri and Mondulkiri Provinces (the Case Study). The research took place dur-ing March and April 2006. The two main objectives of the Case Study were: 1) To describe traditional justice systems and practices and develop recommendations to policy makers on amendments to legal provisions and institutional arrange-ments which would ensure indigenous peoples have im-proved access to justice through both their customary legal practices and the formal justice system. 2) To describe some of the difficulties indigenous peoples face in finding just resolutions to their problems outside their village and suggest some possible solutions.

The rapid and uncontrolled development processes in indigenous areas (which have traditionally been rich in natural resources) is also a marginalizing factor. With improved infrastructure throughout the country there has been a rapid increase in migration to remote regions. This has resulted in large scale alienation of indigenous community land and increasing numbers of land and natural resources conflicts. Wealthy and powerful people including from outside the region, are better able to take advantage of the opportunities afforded by expanding markets and improved transport. Highland villagers, on the other hand, find themselves without their land, the necessary capital, resources and knowledge to take advan-tage of new opportunities.

Tribal Rights in Jharkhand, India Amit Prakash The discourse of rights offers a robust analytical frame-work to examine contemporary reality against a cherished normative goal, which is a central issue with respect to the marginalized sections of society, amongst which the indigenous peoples are in the forefront. One of the most marginalized communities in India are the indigenous peoples/tribal communities, who despite special enabling provisions for them in the Constitution, a legal frame-work for the implementation of these provisions and sev-eral targeted public policy initiatives, have continued to suffer deprivations of myriad kinds. This study therefore focuses upon a tribal State of India – Jharkhand, to assess the status of indigenous rights.

The importance of Jharkhand lies in the fact that it was created as a separate State of the Indian Union in 2000 in recognition of a century old demand premised on the dis-tinctiveness of indigenous heritage and culture. Simulta-neously, it was inextricably linked to the question of de-velopment – both reinforcing each other leading to a dis-tinctive content to the concept of indigenous rights in Jharkhand. There is a politics of development and iden-tity, which has perhaps formed the leitmotif of all contes-tation for indigenous peoples’ rights in India.

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United Nations Development Programme

Regional Initiative on Indigenous Peoples’ Rights and Development http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/

Regional Centre in Bangkok

10

Young Leaders in Governance

Introduction

The UNDP Asia-Pacific Regional Leadership Course for Young Leaders in Governance is part of an ongoing initia-tive of the Regional Centre in Bangkok. It was developed in recognition of the crucial role of youth in shaping our future, and the need to provide our young leaders with the technical and substantive know how to serve as excellent leaders in their field. RIPP’s focus at the trainings is to pro-vide the indigenous perspective at the trainings: (a) at the substantive level by ensuring indigenous peoples rights are mainstreamed in the curriculum and (b) including young indigenous leaders in the training. The Inception Course (2005):

UNDP RCB held the first regional course for Young Leaders in Governance from 28 November to 2 De-cember, 2005 in Chiang Mai, Thailand. The training was at-tended by 76 participants from 20 Asian countries representing different sectors including government, parliaments, NGOs and indigenous peoples. The training curriculum is designed around technical modules developed and tested by LEAD International such as systems thinking for transformational change; conflict resolution and negotiation; cross-cultural communication for leadership; team building and networking; and leadership styles and tools. These are complemented by substantive/thematic modules developed by UNDP on Indigenous Peoples’ Rights and Development; Capacity Assessment; Anti-Corruption and Gender. Young Leaders in Governance Courses in 2006 In 2006 two sub-regional leadership courses were implemented. The South-East Asia leadership course was held Bangkok, Thai-land. It brought together 28 participants from Cambodia, China, Indonesia, Lao PDR, Malaysia, Mongolia, Philippines, Thailand, Timor Leste and Vietnam. The South Asia training was in Colombo, Sri Lanka. 27 partici-pants attended the training from Afghanistan, Bangladesh, Bhu-tan, India, Iran, Maldives, Nepal, Pakistan and Sri Lanka.

In addition, two trainings were conducted by alumnae of the 1st Regional Training in the Chittagong Hill Tracts, Bangladesh and in the Philippines. Upon completing these courses, young in-digenous leaders form a pool of trainers and resource people for work on indigenous issues in the future. They are the core mem-bers of the RIPP young leaders’ network. In total, the AYLG has produced a network of 131 leadership fellows. 2007: Module Adaptation and Sub Regional Courses

The AYLG has been awarded funding from the UN Democracy Fund to continue the Young Leaders in Governance Programme in 2007-8. Un-der this new project, further adaptations of the modules will be conducted and sub-regional and national leadership courses will be supported. Building on the success of the previous years, in June 2007, an Adaptation Write-shop was held in Manila, Philippines, to review and strengthen AYLG course mod-ules, with new thematic modules on in-

digenous peoples and gender, anti-corruption, and capacity de-velopment developed to supplement the existing course struc-ture. The writeshop was attended by participants who have extensive knowledge and experience on leadership and governance issues and leadership development and training in the region. Selected graduates of the previous AYLG leadership courses will also be invited. The enriched training modules were used in a Training of Trainers session, followed by a training course for young leaders in Southeast Asia, both held in Vientiane, Laos. Future Plans ( 2008 onward)

5 small grants were provided for AYLG Graduates in selected countries: Bangladesh, Bhutan, China, India and Philippines. Through the AYLG programme, UNDP hopes to enhance its partnerships and networks in the region with governments, IPOs and other stakeholders with the active cooperation of UNDP country offices. RIPP will work closely with the other partners in this new project.

Further information on Asia Young Leaders in Governance (AYLG) can be found at: http://regionalcentrebangkok.undp.or.th/practices/governance/ripp/young_asian_indigenous_leaders.html

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UNDP RIPP at the Sixth Session of UNPF (May 2007) The Asian Indigenous Peoples' Caucus and UNDP RIPP organized a side-event at the UNPFII on the 16th of May, 2007. It was an Inter-active dialogue on Recent Trends in Lands, Territories and Resources in Asia. The dialogue brought together Indigenous representa-tives, the UN Permanent Forum members, Governments, UN Agencies and others to discuss critical issues related to Land, Territories and Resources in Asia. The side-event was opened by Mr. Tierno Kane from the Civil Society Division, UNDP. This was followed by a presentation by the Chairperson of the UN Permanent Forum on Indigenous Issues Ms. Victoria Tauli-Corpuz. Ms Chandra Roy provided an introduction to the work of the Regional Indigenous Peoples' Programme and its partnerships and activities. She highlighted RIPP partner-ship with governments and indigenous peoples’ organiza-tions in the area of policy reform related to land and in-digenous peoples in Asian countries. Future plans for work and strategic areas for stronger programming were also presented. This was followed by indigenous representatives’ presenta-tions including from Ms. Tep Tiem who described the situation of indigenous peoples in Cambodia. The presentations were followed by an open discussion. Discussions covered the situation of indigenous peoples' in various countries in Asia and the work that a number of organizations are doing to meet the challenges faced by indigenous peoples and governments in better securing

indigenous land rights. There was also discussion about the policies of major development institutions towards development projects impacting on indigenous peoples.

Global Dialogue: Climate Change and Indigenous Peoples’ Bio-Cultural Diversity UNDP RIPP will organize an inter-active Dialogue on Climate Change and Indigenous Peoples. The dialogue will bring together Indigenous representatives, the UN Per-manent Forum members, Governments, UN Agencies and others to discuss critical issues relating Climate Change Indigenous Representatives from Chittagong Hill Tracts - Bangladesh, Ifugao - Philippines, North Lombok - Indo-nesia, Northeast India and Sabah - Malaysia will share their experience in adapting to climate change.

UNDP and the UN Permanent Forum on Indigenous Issues

Global Dialogue: Climate Change and Indigenous Peoples’ Bio-cultural Diversity Time: Tue, 22 April 2008, 1.15 - 2.45 pm Venue: Conference Room 7

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Publications

Bridging the Gap: Policies and Practices on Indigenous Peoples’ Natural Resource Management in Asia Analytical studies on natural resources systems and their interface with national laws and policies in Bangladesh, Cam-bodia, Malaysia and Thailand. A regional synthesis paper draws on the country assessments to identify gaps in policy and practice, and compiles key recommendations for further work on this issue.

Summary of UNDP RIPP’s Achievements This publication highlights some of RIPP's projects and programmes. It also provides information regarding our partnerships and plans for the future.

RIPP’s Brochure RIPP's programme brochure offers a snapshot of our work to organizations and individuals who are interested in finding out more about us. It provides a brief overview of our approach, strategies and objectives.

Indigenous Women and Decision Making This training manual provides easy to use modules on how to orient and conduct trainings on decision-making. It also includes practical guidance on exploring and understanding the challenges currently faced by indigenous women. The manual is designed to provide an insight into relevant national legislation and international laws regard-ing their rights. The Indigenous Women and Decision-Making manual has been adapted and translated into Bengali, Burmese, Malaysian and Thai with further translations planned for wider use. It was developed in participation with the Asia Indigenous Peoples’ Pact and local indigenous organizations.

Indigenous Peoples and The Human Rights Based Approach to Development: Engaging in Dialogue This is a compilation of analytical studies on policies of international financial institutions. It is the first step in a dialogue process that seeks to identify modalities for constructive engagement with indigenous peoples. This is a joint publication of DINTEG, the Cordillera Indigenous Peoples’ Legal Centre & UNDP/RIPP.

Inter-Agency Best Practice: Case Study on Leadership Training for Indigenous Women This case study is part of the Best Practices publication of the Inter-Agency Task Force on Indigenous Women (IGTFIW) with contributions from UNDP, ILO, UNICEF and others). It focuses on the experiences of indigenous women during the process of trainings conducted in local communities in Sabah, Malaysia and the Chittagong Hill Tracts, Bangladesh. It documents the key issues inherent in strengthening the decision-making capacity of indige-nous women in two countries, and also provides them with the space to network and discuss common issues, and build bridges across countries and communities.

Legal Recognition of Indigenous Peoples in Indonesia The Report focuses on a review of national laws and policies relevant to Indigenous Peoples in Indonesia. The re-view includes provincial and district-level consultations to identify gaps and provide recommendations for further action.

Access to Justice of Indigenous Peoples in Asia: A series of analytical case studies into this issue commissioned by experts to assess the gaps and challenges towards more inclusive governance. Analyses from Bangladesh, Cambodia, India, Philippines and Thailand form part of a regional series on Inclusive Governance for Disadvantaged Groups, undertaken in cooperation with the UNDP Asia Regional Governance Programme and UNDP Asia Pacific Gender Mainstreaming Programme.

For further information please contact:

Ms. Chandra Roy, UNDP RIPP Programme Coordinator ([email protected])

Pictures in this publication contributed by :

Colin Nicholas, Daniel Tsin, Helen Leake, Henry, Pramaporn Mongkolthavorn, Raja Devasish Roy, Rukka Sombolinggi and

Access to Justice Team—Cambodia.