Divers Paths to Justice - English - Forest Peoples Programme

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