_.png){kind=logo}
* Corresponding Author
The Indigenous Peoples In ASEAN: Critical Analysis On Development Aggression
https://doi.org/10.22146/ikat.v6i2.84609 Dolly Cajes Torrejas(1*), Ashley Pauline Ricaforte Canta(2), Jay-Ar Gonzales Salvaloza(3), Grace Magalzo Bualat(4)
(1) University of San Carlos
(2) University of San Carlos
(3) University of San Carlos
(4) University of San Carlos
(*) Corresponding Author
Abstract
Indigenous peoples (IPs) constantly face challenges in terms of culture, land and human rights. The IPs are often the subjects of government and private corporations' resource extraction and development initiatives in their ancestral domains and territories, hence, development aggression. This paper aims to have a critical analysis of the existing development aggression experienced by the IPs within the ten (10) member-states of the Association of Southeast Asian Nations (ASEAN). The researchers contend that ASEAN and its member-states lack robust actions and efficiency in addressing development aggression. Employing a qualitative-descriptive approach, this study utilized the Key Informant Interview (KII) as the primary data, along with document review for secondary sources. This study argues that the development aggression continues to persist among the ASEAN member states as the majority of member states failed to recognize IPs, resulting in continued infringement of their rights. Moreover, the COVID-19 measures was utilized against IP communities and the constant advancement of extractive industries. Furthermore, it has been proven that both National policies and regional mechanisms confront considerable difficulties and need more legal frameworks in dealing with development aggression. The ASEAN member-states are not fully implementing customary rules and other international standards established by organizations such as the UN and the ILO. This study found that there are five (5) policies which may help protecting the IPs against development aggression. The development of Grievance Redress Mechanisms (GRMs) within the ASEAN Intergovernmental Commission on Human Rights (AICHR) specific for IPs and the inclusion of indigenous communities in income- generating projects developed in their ancestral lands and resources is the main one.
Keywords
Full Text:
PDFReferences
Asia Indigenous Peoples Pact (AIPP). (2011). “Victims of development aggression: Indigenous Peoples in ASEAN.” Asia Indigenous Peoples Pact (AIPP). 5.
Asia Indigenous Peoples Pact (AIPP). (2012). “Development Aggression as Economic Growth: A Report by the Asia Indigenous Peoples Pact.” Asia Indigenous Peoples Pact Foundation. 76-77.
Asia Indigenous Peoples Pact (AIPP). (2014). “Overview of the State of Indigenous Peoples in Asia”. Asia Indigenous Peoples Pact. 1
Asia Indigenous Peoples Pact (AIPP). (2019). “Extractive Industries and Free Prior and Informed Consent of Indigenous Peoples”. Asia Indigenous Peoples Pact Handbook. 6-9.
Asia Indigenous Peoples Pact (AIPP) (2020). “Under the Cover of COVID: New Laws in Asia Favor Business at the Cost of Indigenous Peoples' and Local Communities' Land and Territorial Rights”. Asia Indigenous Peoples Pact Foundation. 6-9, 10-12.
Cambodia Indigenous Peoples Alliance (CIPA) et al. (2019). “Situation of Indigenous Peoples in Cambodia”. The 3rd Cycle of Universal Periodic Review of Cambodia 32nd Session of the Human Rights Council. 1-6.
Chakma, N. D. (2019). Extractive Industries and Free, Prior and Informed Consent of Indigenous Peoples. Asia Indigenous Peoples Pact. Retrieved from https://aippnet.org/wpcontent/uploads/2020/05/AIPP-Handbook-on-Extractive-Industries-and- FPIC-of-Indigenous-Peoples_web.pdf
Doyle C. & Gilbert J. (2011). Indigenous Peoples and Globalization: From “Development Aggression” to “Self-Determined Development. European Yearbook of Minority Issues Online. 225-230.
Erni C. (2008), “The Concept of Indigenous Peoples in Asia. A Resource Book”, The Concept of Indigenous Peoples in Asia. A Resource Book and Asia Indigenous Peoples Pact Foundation. 378-379, 443, 452.
Hennida C. et al. (2019). “Globalization and Indigenous People Adaptation”. Sasi as Social Institution in Maluku. 96-100.
International Fund for Agricultural Development (IFAD), (2012) “Country Technical Notes on Indigenous Peoples’ Issues”, Retrieved from 24089e12-d0e8- 43db-9fb8-978b48526499 (ifad.org)
International Work Group for Indigenous Affairs. (2020). “Indigenous World 2020: Laos” Retrieved from https://www.iwgia.org/en/laos/3604- iw-2020-laos.html
International Work Group for Indigenous Affairs. (2020). “Indigenous World 2020: Philippines”. Retrieved from https://www.iwgia.org/en/philippines/3608-iw-2020-ph
International Work Group for Indigenous Affairs (IWGIA), (2021) “Region and country reports”. The Indigenous World 2021: 35th Edition. 186-221.
International Work Group for Indigenous Affairs (IWGIA), (2022) “Region and country reports”. The Indigenous World 2022: 36th Edition.177, 244-245, 254, 280-281.
McCaskill, D., & Rutherford, J. (2005). “Indigenous peoples of South-East Asia: poverty, identity and resistance.” In Indigenous Peoples and Poverty.138-148.
Minority Rights Group International. (n.d). “Singapore” Retrieved from https://minorityrights.org/country/singapore/.
Minority Rights Group International (2020),” Brunei Darussalam”. Retrieved from https://minorityrights.org/country/brunei- darussalam/
Salleh R. et. al (2021) “Who is the Native of Sabah? A Legal Analysis”. Malaysian Journal of Social Sciences and Humanities (MJSSH), Volume 6, Issue 10. 558-566.
Tessier J. (2015). “Indigenous Peoples and ASEAN Integration”. Asia Indigenous Peoples Pact (AIPP) Foundation. 3.
Tauli-Corpuz V. (2010). “Indigenous Peoples and the Millennium Development Goals”. Towards an Alternative Development Paradigm: Indigenous Peoples' Self-Determined Development. 514.
The ASEAN Secretariat. (2009) “Terms of Reference of ASEAN Intergovernmental Commission on Human Rights”. Retrieved from https://asean.org/wp-content/uploads/images/archive/TOR-of-AICHR.pdf.
DOI: https://doi.org/10.22146/ikat.v6i2.84609
Article Metrics
Abstract views : 712
| 
views : 578
Refbacks
- There are currently no refbacks.
Copyright (c) 2023 Dolly Cajes Torrejas, Ashley Pauline Ricaforte Canta, Jay-Ar Gonzales Salvaloza, Grace Magalzo Bualat
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.