As a side event to the 15th session of the EMRIP and as a contribution to the struggle of indigenous peoples, IPRI presented an innovative legal and jurisprudential digest of Indigenous Peoples’ rights. The digest, which will be published periodically, was named Xahnaru, which in the Purhépecha language of Mexico means "path".
Rukka Sombolinggi, a Torajan indigenous activist from Indonesia and member of the IPRI’s Global Board of Directors, considered that the digest will be an important tool to give hope to Indigenous Peoples and to “give confidence that minimum standards have become jurisprudence and legislation”.
The digest compiles legislation and jurisprudence in relation to Indigenous Peoples' rights at the international level (UN system), at the regional level (regional human rights bodies), and at the national level (national courts).
Alancay Morales, Advocacy Coordinator of IPRI, pointed out that regarding Indigenous Peoples’ rights, there are developments and threats, but there are not many references on what is happening. In this way, Xahnaru can be a tool for education, advocacy, and identifying how indigenous rights are evolving at all levels.
“This material is very valuable. In Brazil, our rights as Indigenous Peoples are not recognized, and the government denies our access to them. This material is useful to build mechanisms to guarantee the rights of our people”, said Mauricio Terena, legal advisor of APIB.
Laura Fischer, from the German cooperation agency GIZ, assessed the digest as an important contribution to the implementation of the human rights approach in development agencies as, for example, it will help advise their partners on regional and international legislation. It also will help to address the implementation gaps in Indigenous Peoples’ rights.
On her part, Rosa Celorio, Associate Dean for International and Comparative Legal Studies in the George Washington University Law School, advanced that “this digest is important to explain to involved parties (businesses and other actors) what to do and what not to do” when it comes to their operation in indigenous lands and territories. “Knowledge is key to advancing the rights of Indigenous Peoples”, she added.
The panelists explained that it is not easy to find jurisprudence and to let these decisions be known, especially to the beneficiaries. They specified that the digest would help to see the evolution of the use of the UNDRIP and for connecting the dots between Indigenous Peoples’ rights, women’s rights, environmental rights, and others.
The Executive Director of IPRI, Joan Carling, highlighted that we need to implement international human rights obligations and that jurisprudence is key to decision-making. “This digest looks at the path of historical decisions from the national, regional, and national levels”, she said.
“The protectors of the land need protection by law; we have to do the best that we can to use the legal system to better advance in the recognition of our rights”, ended Ms. Carling.
*Xahnaru is available in: https://bit.ly/Digest1ENG
%2020.49.20.png)
