Since 2000, the Asia Indigenous Peoples Pact (AIPP) has been organizing the Asia IP Regional Preparatory Meeting on UN Mechanisms and Procedures relating to indigenous peoples. This year, the meeting held in Thailand from Feb 26 - Mar 1, 2011 was attended by indigenous representatives from twelve countries of the region alongside UN agencies. They discussed, among other issues, on good practices regarding the participation of indigenous peoples in decision making that are presented below along with other cases collected by the AIPP with reference made to key articles of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) relating to the indigenous peoples’ right to decision making. The AIPP compiled these good practices and submitted to the EMRIP.
A. Indigenous decision-making processes and institutions as embodied in Articles 18, 20, 23, and 34 of the UNDRIP
1. Traditional justice systems of indigenous peoples in the Chittagong Hill Tracts, Bangladesh continue to resolve cases involving custom based family laws and some land and natural resources related rights through the three Circle Chiefs, Mouza Headmen and village Karbaris who are traditional leaders with varying degrees of responsibility from adjudicating cases to dispensing justice in accordance to the customary laws of the indigenous peoples in CHT.
2. The enforcement of the “Sasi” sytem of prohibiting the harvest of certain natural resources and the equal distribution among villagers of benefits from their natural resources to maintain a balanced ecosystem remains part of the traditional decision-making institution of the Haruku indigenous peoples of Indonesia.
B. Indigenous parliaments and organizations as embodied in Article 5 of the UNDRIP
3. The establishment of an IP Consultative Body with duly selected IP representatives including women and youth that shall advise the National Commission on Indigenous Peoples on matters relating to the problems, aspirations and interests of indigenous peoples was stipulated in the 1997 Indigenous Peoples Rights Act of the Philippines.
4. A consultation process supported by ILO that is being undertaken by parliamentarians with indigenous peoples relating to their constitutional recognition to provide recommendations and proposal for submission to the Bangladesh Constitutional Reform Committee.
5. The establishment of an Indigenous Peoples Council to engage directly with the National Reform Committee for the participation of different sectors in the National Reform process in Thailand.
6. The establishment of an independent local Indigenous Council in areas populated largely by Karen indigenous peoples as a mechanism for their participation in the process of establishing a district office and later becoming a body that represent indigenous peoples’ voice in the development of the district.
C. Indigenous legal systems as embodied in Article 5 of UNDRIP
7. The development of the native court system as part of the country’s judicial system by the Sabah Native Court Institution in Malaysia with funding of RM 60 Million from the federal government; and to set up an institute for training of native court judges and for upgrading and construction of native court buildings.[1]
8. The recognition by the Supreme Court of indigenous leaders as mediators in areas populated by indigenous as part of the Philippine Mediation Center with the use of some customary laws to help out in resolving and minimizing docketed.
D. Role of indigenous women in decision-making as embodied in Articles 21 and 22 of UNDRIP
9. The participation of women in decision making especially in tense situation is well-recognized in diffusing conflicts and maintaining peace among the Naga in Northeast India, where indigenous communities continue to face conflicts and war on a daily basis.
E. UNDRIP article 20; Participation in decision-making mechanisms linked to both State and relevant non-State institutions, and processes affecting indigenous peoples
10. The holding of a National Inquiry by the Malaysia Human Rights Commission (SUHAKAM), for the first time, on the issue of customary land ownership rights of the natives in Sabah and Sarawak and the Orang Asli in Peninsular Malaysia with the participation of indigenous peoples in the preparation and process of the National Inquiry.
11. The appointment of two indigenous persons to as commissioners of the In Bangladesh National Human Rights Commission that was recently established. This is a positive step in facilitating greater engagement of indigenous peoples with the NHRI in Bangladesh.
F. Participation in electoral politics as embodied in Article 5 of UNDRIP
12. The party-list election system of the Philippines provides for the participation of indigenous peoples’ sectoral parties representing marginalized sectors to have representatives in the national legislative body, namely the Philippine Congress/ House of Representatives.
G. Direct participation in governance as embodied in Article 5 of UNDRIP
13. The establishment of a high-level government task force that includes representatives of indigenous organizations to review existing government programmes and policies and prepare a comprehensive plan for the implementation of the Convention.
Participation in hybrid systems of governance as embodied in Article 5 of UNDRIP
H. Implementation of free, prior and informed consent as embodied in Article 28 of UNDRIP
14. The inclusion of provisions to ensure indigenous peoples are consulted before the establishment of commercial forest reserves and protected areas as part of the Sabah Forest Enactment and Sabah Parks Enactment in Malaysia. Notwithstanding issues related to implementation these provisions can form the basis by which indigenous peoples can urge the government to comply to obtain their consent before any development project takes place.
15. Recognition and respect on the Free, Prior and Informed Consent (FPIC) through the conduct of good faith negotiations and mutually accepted agreement signed by the Ikalahan indigenous peoples represented by the Kalahan Educational Foundation (KEF) and Mitsubishi UFJ Securities (MUS) Co., Ltd for a small scale Clean Development Mechanism project in the former’s ancestral territory.
I. Participation in regional and international forums and processes
16. The annual preparatory meeting to come up with strategies and action plans in relation to the various available UN Mechanisms and Procedures as well as other concern international bodies and agencies being organized by AIPP with the active participation of duly selected representatives of indigenous peoples at the country level and by indigenous experts and representatives of UN agencies.
17. The Asia Caucus meetings during sessions of relevant UN meetings such as the UNPFii and EMRIP in formulating common position, statements and recommendations as well as planning other activities for advocacy, networking and generation of support.
18. The Global Caucus meetings of indigenous peoples prior to and during meetings of UN relevant bodies such as the UNPFii, EMRIP, CBD and UNFCCC for discussion of key issues, formulation of common statements, strategies and actions.
