International Institute on Law and Society - IILS / Instituto Internacional De Derecho

International Institute on Law and Society - IILS / Instituto Internacional de Derecho y Sociedad -IIDS

INTERNATIONAL EXCHANGE PROGRAM
IN
MULTICULTURALISM, INDIGENOUS RIGHTS AND LEGAL PLURALISM
·  Inter-University Exchange Program
·  Observatories, Legal Reform, Outreach
·  Support to the UN Rapporteur on Indigenous Peoples

(Foundational Document -- 4th version, Nov. 2003)[1]

(Versión en ESPAÑOL)

CONTENTS

EXECUTIVE SUMMARY 2

INTER-UNIVERSITY EXCHANGE PROGRAM 2

OBSERVATORIES, LEGAL REFORM, OUTREACH 3

OBJECTIVES 3

PROGRAMMATIC ACTIVITIES (PROGRESSIVE AND OPEN) 4

MEMBER COMMITMENTS 6

ORIGINS, IMPLEMENTATION PHASES AND CALENDAR 6

ANNEX I CALENDAR 7

ANNEX II MEMBERS OF PROMOTION TEAM (Nov. 2003) 7

HOW TO JOIN? Send the following documents 10

CONTACTS / IMPLEMENTATION TEAM

Institution and Contact / Responsibility
International Institute on Law and Society (www.derechoysociedad.org).
- 3957 rue Berri Montreal Québec, Canada H2L 4H2 Tel-Fax 1-514-844-5751
- Jr Ribeyro 132, Lima 11, Perú tel-fax (51-1) 424-1723
- Raquel Yrigoyen F. , overall coordination
- Canada: Evan Fox-Decent
- Perú: Soraya Yrigoyen F.
- España: Iñigo Arenillas, / - General Coordination
- Launching of Initiative
- Proposal: Foundational Document
- Drafting and distribution of Circulars, Initial Questionnaire
- Receipt of Letters of Intent and Initial Questionnaire
- Fundraising
Universidad de Sevilla y Universidad Internacional de Andalucía. Contacts:
-Bartolomé Clavero () and
- Pablo Gutiérrez () / - Univ. Sevilla: Lead role for presentations to ALFA and AECI[2]
- Receipt of Letters of Intent and Initial Questionnaire
FLACSO-Ecuador. Anthropology Program.
Contacts: Fernando García () and Gina Chávez () / Contact with related networks in Latin America: Indigenous Fund, RELAJU, etc.
Universidad de Deusto, Human Rights Institute, Indigenous Peoples Team. Contacts: Xavier Extebarria and Mikel Berraondo. (, ). / - Launching of Initiative
- Receipt and systematization of Initial Questionnaire.
Universidad de la Frontera, Indigenous Rights program and Law School of the Catholic University of Temuco (Chile). Contacts: José Aylwin () and Rodrigo Lillo (). / - Coordination of meeting in Chile July 2003
- Participation in ALFA
University of Arizona, Indigenous Peoples Law And Policy Program, IPLPP. Contacts: James Anaya and Luis Rodriguez-Pinero (, ). / - Contact with universities in USA.
- Monitoring case law (USA and InterAmerican Court of Human Rights)
Instituto Internacional de Sociología Jurídica de Onati –IISJ (www.iisj.es). Manuel Calvo () / - Launching of Initiative
UN Special Rapporteur on Indigenous Peoples. Rodolfo Stavenhagen () / - Program and institutional support

EXECUTIVE SUMMARY

The International Exchange Program in Multiculturalism, Indigenous Rights and Legal Pluralism (the “Program” or “IEP”) consists in a network of diverse universities and institutions that have programs or courses in these subject areas, and which share among themselves information, experiences and activities related to multiculturalism, Indigenous rights and legal pluralism.

The participating institutions in the IEP optimize their own programs and participate in a network that promotes several activities, including: (i) the exchange of information and experiences; (ii) the coordination and development of joint academic activities; (iii) the development of information and educational technologies; (iv) the exchange of professors and students; (v) the development of inter-university common programs; and, to the extent feasible, (vi) the standardization of credits, courses and degrees, respecting each institution’s own norms and practices.

The Program operates from the perspective of pluralism, one that encourages the construction of a pluricultural state by overcoming assimilationist and integrationist Indigenous policies. To this end, the IEP promotes multiculturalism, Indigenous rights, the recognition of Indigenous authorities and customary law, the rights of other minorities, and intercultural dialogue concerning the definition of human rights, legal reform and the articulation of public policy.

The IEP includes an academic exchange component, four substantive outreach or impact areas, and a component dedicated to providing technical assistance to the UN Special Rapporteur on Indigenous Peoples. Its academic exchange aspect focuses on the education and exchange of scholars, the ongoing development of critical and pluralist theories, and research. The four areas in which the Program hopes to have an impact are: (i) capacity-building of indigenous peoples and other groups, as well as the strengthening of Indigenous authorities and customary law; (ii) legal reform, including the development of pluralist legislative proposals; (iii) the development of jurisprudence favorable to pluralism via test cases and legal defense of collective rights; and (iv) the development of pluralist public policies.

INTER-UNIVERSITY EXCHANGE PROGRAM

Academic Exchange Component / Initial IEP Exchange Activity / Outreach Extension of Initial IEP Exchange Activity
Member Institutions / Exchange of information and experiences regarding university programs in multiculturalism, legal pluralism, and Indigenous rights / - Institutionalization of the network
- Cooperation: carrying out specific academic activities between various universities and institutions

OBSERVATORIES, LEGAL REFORM, OUTREACH

Outreach or Impact Areas: / Inter-Institutional Observatories / Outreach Activities
1. Capacity-building of Indigenous Peoples, other groups, and customary law / Monitoring and research on multiculturalism, Indigenous peoples and legal pluralism: intercultural relations and processes, instances of legal pluralism and the state of customary law. / Capacity-building programs (beneficiaries: Indigenous peoples, organizations, authorities, and their own legal systems)
2. Legal, Legislative Reform / Legal Observatory:
Monitoring and analysis of legal proposals: legislation, constitutional provisions, and international instruments concerning multiculturalism, legal pluralism and indigenous customary law. / Impact on Legal Reform
(e.g. Consultation to NGOs and state officials working on Indigenous policy.)
3. Development of Case law / Jurisprudence / Jurisprudence Observatory: Monitoring and analysis of jurisprudence concerning multiculturalism, legal pluralism and indigenous customary law at the national level (Supreme Courts, Constitutional Courts) as well as at the international level (ICHR, ILO). / Support of Litigation Teams (i.e., teams defending collective rights at national and international levels.)
4. Development of Public Policy / Public Policy Observatory:
Monitoring and analysis of public policy concerning multiculturalism, legal pluralism and indigenous customary law (local, national and international levels) / Promotion of pluralist public policies
Activities aimed at making an impact on institutional change and the development of national and international pluralist public policies.

SUPPORT TO THE UN SPECIAL RAPPORTEUR ON INDIGENOUS PEOPLES

Support of the UN Special Rapporteur on Indigenous Peoples / Provision of Information
- Systematic and periodic supply of general and specialized information for purposes of keeping the Rapporteur up to date, as well as providing analysis to inform his reports, proposals and public declarations / Technical Assistance
- Specialized assistance for the reports, trips, proposals and other activities of the Rapporteur
- Support through provision of Research Assistants to the Rapporteur

OBJECTIVES

1. Promotion of an academic exchange network (immediate objective)

The primary objective of the IEP is to draw together distinct academic programs that operate in the areas of multiculturalism, Indigenous rights and legal pluralism (or in related fields such as intercultural studies, collective rights, legal anthropology, legal sociology, critical theories of the state, law and democratic theory, etc.) for the purpose of building an institutionalized exchange program that permits the sharing of information and experiences, and that supplies a point of coordination for academic cooperation in the relevant fields of study. The envisioned exchange program will permit the following:

·  ready access to shared information and databases;

·  optimization of academic and institutional resources, including enrichment of curricula, strengthening of human and educational resources;

·  facilitation of professor and student exchanges;

·  standardization of course credits and programs, respectful of each institutions norms and practices;

·  organization and execution of joint programs offered by member institutions;

·  improvement and development of communication and education technologies;

·  sharing of bibliographical resources.

2. Development of a pluralist approach to law and politics (macro, long-term objective)

The strategic idea underlying the IEP is the development of a pluricultural model of the state based on the effective recognition of the equal dignity possessed by all cultures and peoples. The Program aims to promote in practice movement toward pluricultural states through a variety means, including:

·  intercultural dialogue;

·  articulation of a democratic conception of diversity;

·  intercultural definition of human rights;

·  capacity-building of Indigenous peoples and minority groups;

·  recognition of Indigenous peoples and minorities as the subjects rather than objects of public policy;

·  means of implementing public policies that reflect an ethos of diversity and pluralism rather than assimilationism and integrationism;

·  recognition of Indigenous authorities and customary law (legal pluralism).

3. Influence of public policies (medium term objective)

The medium term objective of the IEP is to strengthen mechanisms for reform of legal institutions through investigation-action research, reform-oriented studies conducted by their intended beneficiaries (Indigenous peoples, minorities), university outreach programs and nonformal education aimed at specific target audiences (Indigenous leaders, Indigenous political representatives, judges and justice officials, functionaries and policymakers). In this sense, educational and other academic efforts will be geared toward the following:

·  capacity-building of Indigenous, campesina and other organizations;

·  development of pluralist legislative proposals;

·  development of pluralist public policies;

·  development of pluralist-sensitive jurisprudence via test cases and legal defense of collective rights.

4. Provision of technical assistance to the UN Special Rapporteur on Indigenous Peoples

This is a permanent objective, and seeks to support the Rapporteur’s international leadership on Indigenous issues in order to promote Indigenous rights, as well as the pluralist and dialogue-oriented conception of the state. One aspect of the contemplated technical assistance will be provided in the form of periodic and systematic reports on the state of multiculturalism, legal pluralism and Indigenous rights. Another aspect will take the form of Research Assistants and Interns who will work with the Rapporteur, and other mechanisms established in consultation with the Rapporteur.

PROGRAMMATIC ACTIVITIES (PROGRESSIVE AND OPEN)

The IEP offers an institutionalized but open and diverse program of exchange and cooperation between its members. These include (but do not necessarily exhaust):

1. Exchange of information and experiences

This is a permanent activity that contemplates the exchange of information and experiences in order to facilitate the optimization of member programs and future joint and cooperative activities assumed by IEP members. This activity includes, progressively:

·  a directory of current members’ programs and electronic distribution of information regarding them, as well as electronically accessible data bases related to the IEP (academic as well as outreach information);

·  implementation of mechanisms to facilitate exchanges of experiences regarding current members’ programs, curricula, methodologies, students, human and material resources, educational and outreach strategies (in the four principal areas indicated above under “Objectives”);

·  optimization of programs, taking advantage of accumulated and shared experiences;

·  establishment of mechanisms to permit exchanges of professors and students, joint activities, and other forms of cooperation.

2. Academic Coordination and Cooperation

This is another permanent activity, one concerned with standardization across and coordination between members’ programs, bearing in mind the relevant norms and practices of member institutions. This activity includes, progressively:

·  A system of exchanges, visits, and internships

Program members develop simplified mechanisms to permit student exchanges, be they for short of longer terms of regular course study (e.g., semester exchanges or exchanges to permit students to take a specialized or intensive course), or for graduate research.

·  Standardization of credits, courses, and degrees

After a preliminary study conducted by Program members aimed at defining common criteria and an external evaluation method, there is a consensus that many members will be able to standardize some credits, courses and programs so that they are recognized by other members.

·  Establishment of common programs offered by various institutions

The IEP envisions student participation in common programs offered by various members, with the possibility of students doing different parts of these common programs at different universities. Similarly, it is hoped that common programs will engage non-university institutions (e.g., ALFA-supported institutions, UN bodies, the OAS, Indigenous organizations) so that students will be able to gain credits and do research through internships or research visits conducted at those institutions.

·  Professorial exchange and excellence

The IEP contemplates an interdisciplinary exchange of academics between Program members, and the development of a special program to permit academics to achieve advanced degrees or titles in related fields. This is especially valuable for many Latin American scholars who have not had the opportunity to advance past the Masters level due to limited curricula offerings in their home countries.

·  Scholarships and financial support

The Program seeks the approval and recognition of foreign aid bodies that fund scholarships so that its members’ programs are included among those eligible to receive financial assistance for scholarships (e.g. AECI, the UN Indigenous Peoples program). One of the objectives of the scholarships is to promote the participation in academic institutions of Indigenous and grassroots community leaders who have no other means of financing themselves. Similarly, the IEP will promote agreements with public and legal institutions so that those institutions will permit their staff to take part in member programs (e.g., judges, public prosecutors and defenders, administrative decision-makers).

·  Development of research

The IEP is especially interested in promoting research that will permit both the optimization of educational activities and a deepening of our understanding of the Program’s core substantive areas of academic interest (multiculturalism, legal pluralism and Indigenous rights). To this end, the Program will promote transversal and comparative approaches to research in which both students and professors may participate. The Program will also seek to establish research-oriented relationships with civil society organizations, and will provide them with technical and educational assistance to encourage their participation.

·  Optimization of technical and educational resources

The Program seeks the continual improvement of bibliographical and educational resources in general, and promotes the use of the most advanced information and communication technologies, suitably adapted to suit local conditions, necessities and cultures. The IEP utilizes and makes available data bases provided by the professors, programs, projects and centers of member institutions.

·  Nonformal educational programs