Human Rights and Advocacy Program 2012, Sabah, Malaysia
A Capacity Building Program for Indigenous Advocates in the Asia PacificRegion
April 26 – May 2, 2012.
Diplomacy Training Program /
I. Background and Overview of the Program
The 2012 Indigenous Peoples, Human Rights and Advocacy training program marks the ninth regional course that the Diplomacy Training Program (DTP) has organised specifically for Indigenous advocates from the Asia-Pacific region. There were approximately 85 applications to the program this year, demonstrating the need and interest in training related to the struggles of Indigenous peoples in the region. Twenty-seven Indigenous peoples and advocates from 11 different countries in the region participated in the 10-day intensive training program - from Australia, Bangladesh, Cambodia, India, Indonesia, Malaysia, Nepal, Philippines, Pakistan, Thailand, Sri Lanka.[1]
This year’s group of participants hailed from diverse groups and backgrounds including Indigenous peoples’ NGOs, community organizations, civil society, legal bodies and corporations. Their long term projects cover a variety of different concerns for Indigenous peoples–sustainable employment for Indigenous people, preserving indigenous cultural rights, legal assistance and empowerment, education, social security and environmental issues. As both minorities and advocates, several of the participants face difficult political and social pressures with their work. Undoubtedly, this year’s program was enriched through the shared experiences and expertise of the participants who continue to be determined and hopeful that Indigenous Peoples will someday gain full respect and recognition for their individual and collective rights.
As reflected in the evaluations, the training program was a success in meeting the needs and expectations of participants for new and valuable knowledge and skills. The program was designed to enable participants to effectively respond to the issues and problems they face in their communities and countries including the urgent need to address the economic, social and cultural rights of Indigenous peoples and to develop appropriate responses to the impact brought by development and climate change. The training program, through expanding advocates’ capacity to critically analyse situations and developing practical skills for working with stakeholders with differing perspectives and interests, strengthened the ability of the participants to advocate within their specific contexts.
The sessions provided participants with comprehensive and practical knowledge of international standards and mechanisms which can be utilised to advance Indigenous peoples’ rights and welfare.Participants were provided with opportunities to develop and practice skills in strategic advocacy, campaigning and lobbying, in fact-finding investigation and monitoring and in using the media effectively. Through the program’s participatory and interactive approach, involvinggroup work, role plays, facilitated discussionsand individual presentations, the participants explored the practical application to their own communities and contexts of the principles, concepts, methods and mechanisms introduced and expanded on by the team of expert program trainers. A field visit to an Indigenous community struggling to protect its viability also complemented the theoretical information provided in the program.
DTP trainers are all highly experienced, having solid theoretical knowledge and practical experience on Indigenous peoples. This year, the program was especially diverse and benefited from the participation of trainers hailing from the Philippines, Australia, the US and Malaysia. The 2012 training program was organized in partnership with the Asia Indigenous Peoples Pact (AIPP), Jaringan Orang Asal SeMalaysia (JOAS), and the Centre for Malaysian Indigenous Studies-University of Malaya (CMIS). This year’s program was made possible through the financial assistance of the Fred Hollows Foundation, the Ford Foundation and Oxfam Australia. On behalf of the participants DTP would like to thank these organisations for enabling the 2012 Indigenous Regional program.
II. Location & Venue
The training program was held in Sabah, the capital of Borneo, Malaysia’s eastern-most state. Sabah shares a border with Indonesia and is a disputed territory. As a population, Sabah is very ethnically diverse, the majority of Sabah’s 3 million people are of Indigenous origin (60% of all people in Sabah), Chinese (20% of the population) and other ethnic Filipino, Indonesian and Malay ethnic groups.[2] Accommodation and training venue were provided by Sea Travellers Inn, a small family owned and operated complex on the Kinarut sea shore. Following long days in the training room participants enjoyed meals overlooking the South China Sea, beach walks and the open air pavilion to share songs and dances from their home communities.
III. Highlights of the Program
1. Opening Ceremony
The Opening Ceremony, presented by Jannie Lasimbang, Ramy Bulan and Dr Sarah Pritchard set the stage and context of the program by providing participants with an overview of the status of Indigenous peoples’ rights in the Asia Pacific region, the social and political conditions under which Indigenous peoples’ rights have been recognized, and the continuing work of Indigenous peoples and NGOs in pushing the boundaries to achieve recognition of their rights in many of the countries in the region. Participants heard that while human rights are values that are inherent in every human being it is the law which provides the medium through which rights are recognized through enforcement and sanction. Drawing from experiences particularly in Australia and Malaysia, the opening speakers discussed the development of international human rights law and constitutional and other legal developments in countries in the region.
Jannie Lasimbang provided insight into the robust advocacy work that civil society has initiated towards legal recognition of Indigenous rights and the potential of legal recognition for advancing Indigenous people’s rights. Her session also reflected on the limits of the law in fully realizing Indigenous rights, the obstacles in implementing the law and the continuing need for advocacy at all levels and spaces.
“My expectations emerged when I received the draft programme. Seeing names of leading individuals and organisations in the region indicated that it would be stellar and the execution did not disappoint!”- Quote from participant.
2. Program Schedule
There were 34 training sessions spread throughout the 10-day program, with a day spent on a field trip in an Indigenous community.[3]
Day 1 – What are human rights?Introduction to human rightsand the Universal Declaration of Human Rights.
Participants were asked about their own understanding of human rights and the group built up a comprehensive list of the rights to which all human are entitled. Dr Pritchard walked the participants though the history of human rights and then the group together spent time becoming familiar with the Universal Declaration of Human Rights (UDHRs). Opportunity to relate the articles of the UNDHRs to their own concerns was provided through a practical exercise whereby the participants prepared for a meeting with the United Nations Special Rapporteur on the Rights of Indigenous Peoples, Professor James Anaya. In groups the participants prepared to address Professor Anaya on the major human rights issues, the major challenges and desirable responses from the UN human rights system. Speakers were encouraged to be mindful of and to practise the protocols of international diplomacy when they role-played their appearance before Professor Anaya.
Day 2 – The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the UN HR system and the rights of Indigenous Peoples.
Sarah Pritchard told the inspiring story behind the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), particularly the role of Indigenous people through the Working Group on Indigenous Peoples (WGIP) to ensure that their histories, realities and aspirations were reflected at the United Nations.
Key steps in the history of the United Nations Declaration on the Rights of Indigenous Peoples
1492Columbus and the development of the doctrine of conquest
1945The United Nations
1948Universal Declaration of Human Rights
1960s -1970s Decolonisation and the policies of assimilation and integration
1982The setting up of the Working Group of Indigenous Peoples (WGIPs) – an independent working group to review developments and set standards. The WGIPs adopted a uniquely open procedure which enabled the sharing of stories about dispossession and oppression, about contemporary disadvantage and about hopes for the future which became reflected in the UNDRIP.
The struggle to move governments to accept the UNDRIP
1992 Rigoberta Menchu awarded the Nobel Peace Prize
1993International Year of the Worlds Indigenous Peoples
1994-20051st and 2nd International Decade of the Worlds Indigenous Peoples
2001United Nations Permanent Forum on Indigenous Issues
United Nations Special Rapporteur on Indigenous Issues
2007General Assembly adopts the UNDRIP
2008Expert Mechanism on the Worlds Indigenous People
The group explored the text of the UNDRIP with Dr Pritchard.
Participants were given an exercise to allow them to connect the articles of UNDRIP with the concerns they face with their governments. In this activity participants found that no issue is confined to a single article, that all governments should be re-evaluating their policies in relation to the UNDRIP and that a monitoring body is needed in all countries. The practical and concrete recommendations presented and the effective lobbying techniques practised indicated an easy mastery of the UNDRIP.
“I’ll provide one day training to my staff to focus on the UN system, UNDRIP, UNDHR/ update the training manual on the advocacy and lobby[ing]” – Quote from participant
A more detailed understanding of the United Nations human rights system, including the principal organs of the United Nations, the Human rRghts Council, the human rights treaties and their treaty bodies was built up through a series of diagrams and explanations provided by Dr Pritchard. Participants spent time looking at some of the reports, particularly relevant to their needs and concerns, written by specific treaty bodies.
Day 3 –UN system and Indigenous Peoples (UNPFII and EMRIP), Domestic and international remedies for violations of the rights of Indigenous peoples, Indigenous Peopless Advocacy with International Mechanisms
Participants had been hopeful about the possibility of engaging with Professor Megan Davis via skype to hear directly from an Expert Member of the UNPFII on the Forum’s work and mandate. As all resourceful advocates know technology cannot always be relied upon and fortunately Dr Sarah Pritchard was available to provide an overview of the Forum and of the opportunities the Forum affords for Indigenous advocacy. Two films, a general presentation on the work of the UNPFII and a specific case study on the 2011 attendance of Richards Downs and Ngarla Kunoth-Monks to garner support for the rights of Aboriginal people living on their Homelands in Australia, were used by Dr Pritchard to further demonstrate the significance of the UNPFII for Indigenous peoples globally.
The program moved on to examine two additionalspecific mechanisms available to advocates on Indigenous concerns, the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) and the Special Rapporteur on the Rights of Indigenous Peoples. Participants were again given the opportunity to work on a group exercise designed to allow them to reflect on how they might engage with the UN system for their specific needs and to work on implementing the substantive provisions of the UNDRIP in the Asia Pacific.
The last session of the day was in the form of a panel discussion, facilitated by Adrian Lasimbang, Executive Director of JOAS. It enabled participants to hear from threeexceptionally experienced and active advocates of Indigenous issues. Representing three Indigenous peoples’ NGOs in Malaysia Adrian Lasimbangshared their experiences on the ways and means they have engaged with international mechanisms, the gains they have achieved, the lessons they have learnt and the future directions they see for their work. Participants were urged to be creative in order to get attention, to be assertive to ensure that they are heard and to be very prepared as they will often find they are placed in the position of the “Indigenous expert”. Seeking other platforms to raise issues, contracting groups with expertise in areas such as the media and finding someone in power to support you were some of the tips shared with the participants .
Day 4 – Developing strategic approaches for IP rights advocacy, Indigenous Peoples Rights Advocacy through Community Education and Empowerment, Securing the Ancestral Lands of Indigenous Peoples
The first session of the day was facilitated by Patrick Earle, Executive Director of the DTP. Patrick’s session on strategic advocacy consolidated the insightss gained in the previous days’ panel session. Utilising the experiences of the participants and Patrick’s extensive background in the area of human rights the session examined the different advocacy techniques and how these techniques can be integrated into clear strategies for change.
Colin Nicholas then facilitated two sessions to develop participants’ knowledge and understanding of how community groups can achieve their rights. His presentation focussed on the Indigenous communities of the Orang Asli, that enrich the identity of Malaysia.
Colin’s first session focused on social activism “the intentional action of a group to bring about a specific or targeted change” and he introduced the concept of ‘Activism Threshold’, the point hthat needs to be exceeded for change to occur. A high level of organisation, networking, gaining media coverage and both political and public support are all critical factors for reaching the desired Activism Threshold. Colin used numerous examples of activism carried out by Orang Asli to demonstrate the concept. The public awareness and empathy that has been built up through the concerted , peaceful activism of the Orang Asli has resulted in the government being forced to dialogue with Orang Asli on the new land policy. While the Orang Asli Act has been temporarily halted Colin warned that once attention has died down the government could still push it through. ‘Activism Threshold’ then has not been reached and the Orang Asli need to continue their struggle to build up the preconditions (stronger organisational capacity, charismatic leadership, a greater share of political and economic power, public support) for real change.
The final session of the day sought to further develop participants’ understanding of the background and circumstances which have led Indigenous Peoples to be alienated or dispossessed from their Ancestral Lands and the work that communities need to do to compile the necessary evidence to prove their native title.
Day 5–FPIC: defending community rights against large scale projects, FPIC Practical exercise, Tools for advocacy and solidarity, Presentation of Participants’ Practical Exercise on the OECD Guidelines
The sessions on the fifth day of the training program were facilitated by Christina Hill, Mining Advocacy Officer with Oxfam Australia.With her experiences in business and human rights, particularly with community-company grievance resolution processes, Christina started the day’s presentations with a session on the right to Free, Prior and Informed consent in the context of defending community rights against large scale projects. Christina’s sessions were built around the principle that companies, as well as governments, have a responsibility to protect human rights and as such, should do no harm. Free, Prior and Informed Consent, referred to a number of times in the UNDRIP and also in other sections of international law, is integral to ensuring that companies do no harm. It is both an important right and is important in protecting rights and so is both a process and an end point. Increasingly companies are being forced to recognise Free, Prior and Informed consent in their internal policies.
Following a practical activity on free, prior and informed consent participants were resourced on another tool for their advocacy in areas relating to Indigenous Peoples rights. The OECD guidelines, the principles and standards which companies are expected to meet can be used by community advocates in lobbying their governments for protection against development activities which threaten Indigenous peoples rights. Companies are expected to contribute to sustainable development, to respect human rights and uphold labour and environmental protection laws and to exercise good governance throughout their operations. After familiarising themselves with the content of the OECD guidelines the participants participated in a role play which enabled them to practise incorporating OECD guidelines in their lobbying for the protection of Indigenous rights and practices.
Day 6 – An Introduction to the Right to Development – A Human Right, Tombotuon Village Kota Belud Field Trip
The early morning session provided by Professor Virginia Dandan on the Right to Development contributed to the preparation of the participants for the challenges they witnessed during the day’s field trip. The centrality of the human in developmentis acknowledged in the definition of development contained in the Declaration on the Right to Development (Second Preambularparagraph) “comprehensive economic ,social, cultural and political process, aims at constant improvement in the well-being of the entire population and all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting there from. Professor Dandan explained that development being a human right, human rights should be integral to development.