CERD, the State, mining corporations and indigenous peoples’ rights: the experience of the Subanon in the Philippines

2017 ◽  
Author(s):  
Cathal Doyle
Keyword(s):  
Indigenous Peoples ◽  
Early Warning ◽  
The Philippines ◽  
The State ◽  
Action Procedure ◽  
Urgent Action

The chapter offers a compelling case study on the operationalization of CERD’s early warning and urgent action procedure in the case of the Subanon community located at the foot of Mt Canatuan in the Phillippines, and provides a close-up of the relevance of the treaty on the ground.

Articulating key obligations of states to persons deprived of liberty under a right to health framework: the Philippine case study

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lee Edson P. Yarcia ◽  
Jan Michael Alexandre C. Bernadas
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Right To Health ◽  
The Philippines ◽  
The State ◽  
Policy Reforms ◽  
Physical And Mental Health ◽  
Content Type ◽  
The Right

Purpose This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms. Design/methodology/approach Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media. Findings The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns. Practical implications Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion. Originality/value This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.

scholarly journals Indigenous Peoples’ Struggle for Secure Land Tenure in the Philippines: Case Study of Higaonon Tribe in Opol, Mindanao

2017 ◽  
Vol 13 (7) ◽  
pp. 38 ◽  
Author(s):  
Petr Drbohlav ◽  
Jiri Hejkrlik
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Land Tenure ◽  
The Philippines ◽  
Group Discussions ◽  
Government Organizations ◽  
Business Interests ◽  
Seat Cushion ◽  
High Level

Indigenous peoples worldwide struggle for control over land and natural resources against encroachment of state interests, external development and commercial pressures such as agribusiness, dams, logging and mining. Their battle to protect land and natural resources is at the same time the struggle to preserve indigenous culture and traditions often inextricably linked to the land itself. The Philippine Indigenous Peoples Rights Act recognizes the indigenous peoples’ rights to their ancestral lands and domains and offers a way of improving their land tenure security. The article employs case study design to illustrate the implementation gap between the rights of indigenous peoples in law and practice and the role different stakeholders play in securing indigenous peoples’ land tenure and dealing with palm oil agribusiness and mining industries’ interests in ancestral domains on the case of Higaonon tribe in Misamis Oriental province, Mindanao. The methodology for data collection was focus group discussions and key informant interviews with representatives of tribal leaders and members, non-government organizations and government bodies. Our results indicate that conflicting laws and mandates of various government bodies and lack of coordination between them, as well as lack of resources and political will to implement the Indigenous Peoples Rights Act are important factors behind slow issuance of ancestral domain titles. At the same time, we show that significant factor in the land tenure insecurity of indigenous peoples is disunity within the tribe and conflicting interests of its members and clans used by companies to further enhance their business interests. r, regarding weaving and finishing the rim, it should be done neatly without visible welded joints, and also 5) the product quality: each part is assembled fixing by leather, inside of the product is attached by cloth as well as filled with leftover fabric. Besides, the sewing should be considerably emphasized the strength to carry weight. In addition, the overall assessment of handcraft vetiver seat cushion model is at a high level.

The Limit of Narratives: Ethnicity and Indigenous Rights in Papua, Indonesia

2017 ◽  
Vol 24 (1) ◽  
pp. 1-23 ◽  
Author(s):  
Irene I. Hadiprayitno
Keyword(s):  
Indigenous Peoples ◽  
Social Economic ◽  
Indigenous Rights ◽  
The State ◽  
Political Systems ◽  
Opportunity Structures ◽  
The Government

As in many countries in Asia, the concept “indigenous” is a highly contested term in Indonesia. The government is of the opinion that Indonesia is a nation that has no indigenous peoples, or that all Indonesians are equally indigenous. The article aims to analyse the role and the paradox of using ethnic narratives, i.e. distinct social, economic or political systems, as well as language, culture and beliefs as their material and political basis, in the articulation of indigenous rights. Upon discussing a case study from Papua, Indonesia, it is observed that the use of ethnic narratives does create opportunity structures necessary for the struggles of indigenous rights. However, the salience of these endeavours is shaped by how these groups, their autonomy and marginalisation are positioned in the wider context of development, sovereignty and territoriality, which make them also dependent on the design and orientation of the state.

scholarly journals Walking the tightrope

Target ◽  
2018 ◽  
Vol 30 (2) ◽  
pp. 187-211 ◽  
Author(s):  
Raquel de Pedro Ricoy ◽  
Rosaleen Howard ◽  
Luis Andrade Ciudad
Keyword(s):  
Indigenous Peoples ◽  
Public Service ◽  
Turning Point ◽  
Political Context ◽  
The State ◽  
The Law ◽  
Compliance With The Law ◽  
The Right ◽  
Institutional Actors

Abstract The passing of the Prior Consultation Act (2011) was a turning point in Peru’s history: it enshrined the right of indigenous peoples to be consulted prior to the State’s adopting a measure that affects them and to use their own languages during the consultation, which makes interpreting essential. This article focuses on the complexities of the interpreters’ role and how the beneficiaries of their work perceive it. It reveals that the interpreters’ performance is determined by two circumstances: first, it straddles public service and business interpreting; and second, the fact that the interpreters are trained and employed by the State creates tensions in the communication between the latter and the indigenous peoples. The socio-political context and the initiatives designed to ensure compliance with the law will provide a background to our findings. These derive from observation, interviews and meetings with institutional actors and interpreters, and are illustrated by a case study.

scholarly journals Religion and Land Rights in Indonesian Indigenous – State Relations (Case Study of Orang Rimba in Jambi)

2020 ◽  
Vol 10 (2) ◽  
pp. 230-251
Author(s):  
Mufdil Tuhri
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
State Recognition ◽  
The Right ◽  
State Relations

This paper will examine the contestation between religion and land rights in state and indigenous people’s relations in Indonesia from the perspective of national and International Laws. This paper will depart from the recent development of state recognition of customary law based on the Constitutional Court (MK) decision No. 35/2012 that state customary forest is not under the state forest. This paper will explain the significance of advocating Freedom of Religion or Belief for forest conflict and resonsidering to encompassing the land rights as part of Religious Rights for Indigenous People in Indonesia. To build the argument, this paper initially discuss on the discourse on the land rights in Indonesia, which is divided into two main sub topic, namely, a brief discussion on human rights for indigenous peoples from the perspective of national and international law. Furthermore, this paper will describe case studies of Orang Rimba in Jambi that will be consist of the belief of their indigenous religion and the particular problem of conflict of land and forest. The paper argues that land and religion constitute a unity for indigenous peoples who adhere to belief. This means that if buildings and lands as spiritual and worship place disappear then indigenous peoples will lose the right to worship according to the beliefs they believe. In fact, worship is a right attached to every citizen who cannot be reduced (non derogable rights) and should be protected and respected by the state. In conclusion, this paper will offers customary management in Indonesia through advocacy of freedom of religion or belief (FORB).

scholarly journals Report from the Inside: The CERD Committee's Review of the Foreshore and Seabed Act 2004

2005 ◽  
Vol 36 (2) ◽  
pp. 257 ◽  
Author(s):  
Claire Charters ◽  
Andrew Erueti
Keyword(s):  
United Nations ◽  
Racial Discrimination ◽  
Early Warning ◽  
Or Groups ◽  
The United Nations ◽  
Action Procedure ◽  
Urgent Action

This paper describes, from the perspective of the advocates for Māori claimants, the substance of submissions to, and process followed by, the United Nations Committee on the Elimination of Racial Discrimination in determining that the Foreshore and Seabed Act 2004 discriminates against Māori. The paper has a number of functions: it illustrates that, contrary to the Prime Minister's suggestions, the process followed by the Committee was robust; provides much needed comment on the Committee's early warning and urgent action procedure; should be useful to other individuals or groups seeking to challenge legislation in international fora; and, finally, sheds light on the Committee's succinct decision by placing it within the context from which it emerged. 

Sign in / Sign up

Export Citation Format

Share Document