2015 Forum Side Session Proposal
1. Name of organizers
· Rural Missionaries of the Philippines-Northern Mindanao Sub-Region (RMP-NMR) Inc
· WCC-Ecumenical Advocacy Alliance (WCC-EAA)
· CIVICUS: World Alliance for Citizen Participation
· Asia Indigenous Peoples’ Network on Extractive Industries and Energies (AIPNEE)
· Indigenous Peoples’ Movement for Self-Determination and Liberation (IPMSDL)
· CSO Partnership for Development Effectiveness (CPDE)
· Red PAZINDE – Consejo de Capitanes Guaranies de Chiquisaca
· Latin America Mining Monitoring Program (LAMMP)
· PNG Mining Watch Group Inc
2. Contact details of organizers
T/F: +63 (63) 223 5179
3. Tentative title of the session
Recognizing Indigenous Peoples’ Rights to Land, Territories and Resources and the Challenges in their Access to Mechanisms for Redress
4. Aim and objectives
a. Identify trends, including recent development or initiatives in the implementation of the third pillar of the UN Guiding Principles (UNGP) on Business and Human Rights in relation to indigenous peoples
b. Discuss challenges and opportunities, and means to address current challenges on access to remedies for indigenous peoples.
· Bring a gender-sensitive approach to analyzing the challenges faced by indigenous peoples in implementing the UNGP on the ground, especially on the provision of accessible mechanisms for women victims;
· Present the situation of rising use of paramilitaries and state-sponsored armed groups as Investment Defense Forces, escalating human rights violations in IP communities targeted for extractive operations;
· Share the success story of the Guarani Nation in relation to extractive activities in its territory where they were able to establish a system of environmental monitoring locally;
· Share a success story on the Free, Prior and Informed Consent from the experiences in Latin America
5. Target audience
Civil Society Organizations / individuals and government institutions working on issues of Indigenous Peoples, Civil and Political Rights, and Economic, Social and Cultural Rights
The session will start with an excerpt from the documentary “Gikan sa Ngitngit nga Kinailadman” (from the dark depths), which is on the killings of indigenous leaders in the Philippines due to the entry of extractive industries in their ancestral domains.
A facilitated discussion among the speakers will then follow. First focus would be on the existing traditional systems, traditional/state-mandated FPIC processes, other grievance mechanisms and safeguards, and the general implementation of the UNGP. The second round of discussion will focus on the gender dimension of rights abuses and the equal access to the grievance mechanisms. For each round, speakers will be given five minutes each to present their experience, then a facilitated discussion of around ten minutes will follow.
A photo exhibit will also be mounted in the session area.
7. Key discussion questions
· What are the existing grievance mechanisms – both traditional and state-mandated – that are in place in your country?
· Are these mechanisms accessible?
· Is the Free, Prior and Informed Consent respected in the processes in your community?
· What were the challenges faced by your community?
· Were you able to find a solution to remedy the situation?
· What can be done to remedy the situation if it has not yet been addressed?
· What are the women’s roles – specific to them – in the community that are affected by extractive industries?
· What are the specific violations against them? Are there other gender-biased violations committed in the operation of extractives in your community?
· Can everyone – regardless of gender – access the grievance mechanisms?
· What can be done to achieve an impartial and accessible mechanism?
8. Brief background
Indigenous peoples (IP) face massive violations of their rights, culture and identity under neoliberal globalization. States and corporations exploit the remaining resources in IP lands and territories with the expansion of extractive industries. Many IP are alienated from their lands with forced dislocation and evacuation as governments and businesses implement destructive projects without their free, prior and informed consent (FPIC).
Affected IP communities have responded by holding various forms of direct actions like barricades and other protests. Communities have also confronted companies and government institutions through dialogues, negotiations and mediation mechanisms, asserting human rights standards as expressed in the UNGP and the UNDRIP. Unfortunately, to thwart IP communities’ resistance, States and corporations largely use brutal repression. State security and paramilitary forces facilitate and protect these extractive industries. IP communities are highly militarized resulting to escalating violations of IP rights, the destruction of indigenous life ways and identity. Flag cases also revealed human rights violations and the deep set discrimination that brutally target rural and indigenous women, including the use of sexual and gender-based violence.
While many communities continue to face these attacks, some were able to successfully come to a working system that allows the operation of business activities in ancestral domains without aggravating the rights of the indigenous communities. Though the experiences of the communities may be varied, there can be important similarities that can improve each other’s strategies in addressing their assertion to their rights.
9. Link between the focus of the session and the Forum’s mandates
Presenting the actual effects of state strategies and policies on business and human rights, the session that is mainly a discussion among IP / IP-focused organizations can hope to inspire an improved implementation of the UNGP with the UNDRIP as a major reference.
10. Names of potential speakers
Over-all facilitator: (RMP-NMR)
Facilitator for 1st round of discussions: (WCC-Ecumenical Advocacy Alliance)
Facilitator for 2nd round of discussions:(CPDE)
o 1 Representative (LAMMP/Red PAZINDE)
o 1 Representative (AIPNEE/IPMSDL/RMP-NMR)
o 1 Representative (Incomindios)
o 1 Representative (PNG Mining Watch Group)