Divers Paths to Justice - English - Forest Peoples Programme

More documents

Recommendations

Info

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asia‐ Goals and objective setting‐ Program/project identification and investment planning‐ Plan promotion/marketingc. Enforcement of human rights and empowerment of indigenous peoplesFinally, a third dimension of NCIP is its administrative function in theenforcement of human rights and the empowerment of indigenous peoples.To this end, NCIP provides:‐ Assistance in the resolution of conflicts through customary laws,traditions and practices‐ Facilitation in obtaining the FPIC of IPs where needed‐ Legal assistance in the interest of the community‐ Support on the constitution of a Consultative Body (CB)‐ Quick Response Mechanisms (QRM) to address emergency cases(STRAT-QRU)The issuance of a Certificate is a pre-condition for NCIP to become involvedin such situations. This involves the conduct of field-based investigations,consensus building to achieve and respect FPIC, and negotiations on theterms and conditions for the Memorandum of Agreement prior to the writtenconsent of the indigenous community.In all its areas of work, IPRA gives primacy to indigenous customary law.As stated in Sec. 65:When disputes involve ICCs/IPs, customary laws and practicesshall be used to resolve the dispute.NCIP has quasi-judicial power, exercised through its Regional HearingOfficers and the NCIP Legal Affairs Bureau, as described in Sec. 66:Jurisdiction of the NClP - The NCIP, through its regionaloffices, shall have jurisdiction over all claims and disputesinvolving rights of ICCs/IPs. Provided, however, that no such79
Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asiadispute shall be brought to the NCIP unless the parties haveexhausted all remedies provided under their customary laws …Appeals to the Court of Appeals involves several steps:1. Customary decision-making processes are given primacy2. If customary decision-making processes fail to resolve the case, IPs mayappeal to the NCIP Regional Hearing Officer3. NCIP then reviews the case4. Based on NCIP’s review of the case, a petition for review may besubmitted to the Court of AppealsRecommendationsDespite the benefits brought about by IPRA in terms of the rights ofindigenous peoples in policy and practice, recognition of these rights alsohas its dangers. As can be seen from the processes described above, asignificant amount of bureaucratic and administrative steps are involved inland titling, conflict resolution and community development. Moreover,there is the risk that IPRA’s terms may be manipulated and distorted byindividuals, both indigenous and non-indigenous, with their own personalinterests in mind, and not those of the indigenous community theysupposedly represent. In addition, NCIP processes and requirements revealseveral limitations; they may be too complex for local implementation andmay require documents and proof that are difficult to access or produce forindigenous peoples residing in remote areas.In this light, it is recommended that existing conflicting laws be harmonised,that simple and culturally appropriate procedures be implemented, that a“checklist” approach to land delineation and titling be avoided, and that acompetent implementing agency be responsible for the implementation andrespect for the rights of indigenous peoples, as stipulated in IPRA and otherinternational conventions.80
Page 2 and 3:
Divers Paths to Justice: Legal plur
Page 4 and 5:
Page 6 and 7:
Page 8 and 9:
Page 10 and 11:
Page 12 and 13:
Page 14 and 15:
Page 16 and 17:
Page 18 and 19:
Page 20:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30: Divers Paths to Justice: Legal plur
Page 79: Divers Paths to Justice: Legal plur
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
show all

Divers Paths to Justice - English - Forest Peoples Programme

Create successful ePaper yourself

Delete template?

Save as template?