Rio+20 Portal

Workshop on Indigenous Peoples & Ethnic Minorities

Phnom Penh, Cambodia

29-31 March 2012

PROMOTE AND PROTECT RIGHTS TO LAND, TERRITORY, RESOURCES AND DEVELOPMENT OF INDIGENOUS PEOPLES AND ETHNIC MINORITIES (IP/EM) IN ASEAN

Background

We, the Indigenous Peoples/Ethnic Minorities in the ASEAN comprise more than 100 million representing distinct identities and diverse cultures. We are referred to in different names such as ethnic minorities, hilltribes, indigenous communities, orang asli, orang asal, ethnic groups, ethnic nationalities, masyarakat adat, among others. However, we share common historical injustices of marginalization, exclusion, discrimination, forced assimilation. At the same time, we continue to assert our distinct identities, self-governance, traditional livelihoods and resource management systems as well as our socio-cultural institutions in the midst of mainstream national political, cultural and economic systems and legal framework.

We, the Indigenous Peoples/Ethnic Minorities in ASEAN and around the world have struggled for the recognition of our identities, cultures and inherent rights as distinct peoples. We cannot achieve the full enjoyment of our individual rights without the recognition of our collective rights. We acknowledge the efforts of some countries in ASEAN that recognize our collective rights. Likewise, it has led to the drafting and consequently the adoption of the UN Declaration on the Rights of Indigenous Peoples in September 2007 after 20 years, with the favorable votes of all the ASEAN states. The rights of indigenous peoples are now integral part of international human rights standards. However, we are yet to see the ASEAN recognize and incorporate our rights in its documents and blueprints.

Despite forming a big part of the culturally diverse ASEAN, we continue to face various issues that further marginalize us from society. Among these are:

• Non-recognition of Indigenous Peoples and Ethnic Minorities as distinct peoples with collective rights including citizenship issues in some countries
• Lack or inadequate space for participation in decision making processes of indigenous peoples and ethnic minorities including indigenous women in the governance system of States in some countries
• Lack of full recognition of customary laws and self governance of indigenous peoples and ethnic minorities;
• Continuing stigma and discrimination (institutionalized and unintentional) against Indigenous Peoples and Ethnic Minorities resulting to legislation of inappropriate policies and laws and its implementation in relation to land, territories and resources, among others.
• Increasing gaps in economic and social development or disparity between IPs/EM and other populations
• Non-recognition and implementation of the right to Free, Prior and Informed Consent especially in relation to the planning, designing and implementing development projects affecting Indigenous Peoples and Ethnic Minorities.
• Development aggression in indigenous communities such as extractive industries, hydropower, mining, oil, gas, economic land concessions, plantation projects, etc. coupled with militarization in some countries resulting to the displacement of communities. This profit and greed driven economic development model adversely affects IPs/EMs.
• Lack of full recognition of rights of indigenous peoples and ethnic minorities to land, territories and resources that adversely affects traditional occupation, livelihood, welfare and food security.
• Lack of full recognition of the contribution of indigenous peoples and ethnic minorities to traditional knowledge on resource management as a solution to the mitigation and adaption to climate change
• Lack of support for indigenous educational institutions, particularly mother tongue education and traditional health-care systems and the lack of access and provision of adequate education, healthcare and other services.