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Platform for Asia Indigenous Peoples' Territorial Rights (PAIPT) Follow on Facebook

Charter

We, the member organisations of Platform for Asia Indigenous Peoples’ Territorial Rights (PAIPT), having come together in mutual trust, do hereby establish the Platform for Asia Indigenous Peoples’ Territorial Rights.

We believe and uphold that Indigenous Peoples have the right to self-determination and the right to lands, territories and resources is an inherent component of this right.

We assert our right to strengthen our distinctive spiritual relationship with our territories, including our lands, forests, all things above and below the land, waters, and coastal seas, and to uphold our responsibilities towards Mother Earth and to future generations.

We commit to govern, protect, utilise, and develop our lands, territories, and resources in ways appropriate to our indigenous wisdom, culture, and systems for the wellbeing of humanity and Mother Earth.

We believe that the primary function of the Platform for Asia Indigenous Peoples’ Territorial Rights is to secure and restore the land and territorial rights of Indigenous Peoples through solidarity and linkages among Indigenous Peoples’ movements and our allies.

In upholding the inherent rights of Indigenous Peoples of Asia, the Platform for Asia Indigenous Peoples’ Territorial Rights will facilitate and strengthen:

  1. The sharing of experiences, challenges, and ideas towards restoring and securing our right to lands, territories, and resources.
  2. The mobilisation and consolidation of Indigenous Peoples’ movements and allies for lands, territories, and resources.
  3. To establish solidarity with other movements and organisations on land rights for mutual support and cooperation.
  4. The organisation, coordination, and propagation of our peoples’ positions on issues affecting our lives and future.
  5. The revitalisation of our indigenous worldview and values as embodied in our guardianship and stewardship of our lands, territories, and resources.
  6. The protection, promotion and implementation of favourable international conventions, treaties, instruments, and constructive agreements or arrangements related to lands, territories, and resources with our respective governments.

In fulfilling the above objectives, the Platform for Asia Indigenous Peoples’ Territorial Rights will endeavour to:

  1. Promote unity, solidarity and exchange of experiences, challenges, and ideas among Asian Indigenous Peoples and with our allies.
  2. Ensure the active and meaningful participation of Indigenous women, youth, and persons with disabilities in decision-making and leadership.
  3. Conduct, share, and popularise research and documentation on our lands, territories, and resources.
  4. Initiate, support, and sustain programs for the protection and development of our lands and territories, and our economic, social, and cultural systems.
  5. Campaign to defend and promote the rights of Asian Indigenous Peoples.
  6. Protect and support Indigenous Peoples rights defenders.
  7. Build the capacity of Indigenous communities, organisations, and leaders.

Create spaces for collective voice of Indigenous Peoples and Local Community regionally in Asia and internationally to bring changes affecting their lives. We affirm our solidarity with the movements and aspirations of Indigenous Peoples in other regions of the world.

We affirm our solidarity with other oppressed and marginalised people.

We share a common endeavour for a just, equitable, and peaceful society and a sustainable world, and shall work with our allies and other civil society organisations in achieving these.

We agree this Platform is driven by Indigenous Peoples’ movements with the support of our allies.

We agree to be governed by the principles and common vision of the Platform for Asia Indigenous Peoples’ Territorial Rights.

 

Dated: February 24, 2024
Place: Chiang Mai, Thailand

1. General Principles for the Governing Articles:

The Platform shall act in accordance with the following principles, and respect the Indigenous Peoples’ right to self-determination and to the lands, territories, and resources, in unity with the spirit of our ancestors, and being mindful of our accountability to the present and future generations:

  1. This Platform on land and territorial right is driven by Indigenous Peoples’ movements;
  2. The Platform is a strategic collaboration between Indigenous Peoples’ movement and allies in Asia;
  3. Exercise decision-making by consensus and collective governance;
  4. Ensure fair and distributive leadership across regions and representation at the regional and global levels;
  5. Ensure participation and fair representation of women, youth, and persons with disabilities;
  6. Follow rotational representation in the Platform’s governance system and hosting of the Secretariat;
  7. Share responsibilities and tasks;

2. Membership:

The Platform allows two types of membership: Member and Associate Member.

2.1 Member:

Members are Indigenous Peoples organisations who become members of the Platform. The organisations should fulfil the following conditions:

  1. The member organisation must be an “indigenous” organisation with a clear “indigenous” constituency to which it is accountable.
  2. The organisation has as a core mandate on the right to lands, territories, and resources, and has a good track record of engagement.
  3. The organisation agrees with the aims, common vision, and mission of the Platform.

The members shall have the following rights and responsibilities:

  1. The member organisations have the rights to representation in the General Assembly and the governing bodies. Members have the right to vote in the General Assembly and to be elected to the governing bodies.
  2. Members have the right to regular communication from the Secretariat and the right to participate in the development of plans, activities, and programs of the Platform.
  3. Members have the right to access benefits and protection from the Platform.
  4. The member organisations have the right to raise any issues or concerns regarding the functioning of the Platform.
  5. The member organisations have the right to propose amendments to the Charter and other policies and guidelines adopted by the General Assembly.
  6. The member organisations have the responsibility to comply with the principles, policies, and procedures of the Platform; and actively participate in the meetings, workshops, General Assembly, and events initiated or organised by the Platform.
  7. Members have the responsibility to document LTR issues in their respective constituency to share within the Platform.
  8. They shall contribute resources, membership fees, and annual dues.

2.2 Associate Members:

Associate members are civil society organisations and movements representing other sectors of society which, in principle and action, agree with and value the inherent right of Indigenous Peoples to their lands, territories and resources, as well as their movement for self-determination. The organisations should fulfil the following conditions:

  1. Agree with the charter.
  2. Have a good track record of working with Indigenous Peoples on their rights to lands, territories, and resources.
  3. Have a good track record of solidarity and cooperation on common issues with indigenous organisations and movements.

The Associate members shall have the following rights and responsibilities:

  1. Associate members shall contribute technical expertise and capacity to the Platform.
  2. Associate members shall promote solidarity and advocacy by amplifying the voices and concerns of Indigenous Peoples in other platforms and to the public.
  3. Associate members shall participate in thematic working groups.
  4. Associate members shall contribute resources, membership fees, and annual dues.
  5. Associate members shall actively participate in the meetings, workshops, General Assembly, and events initiated or organised by the Platform for the effective operation and sustainability of the Platform.
  6. Associate members can propose agenda, programs and issues for consideration by the Executive Council and the General Assembly.
  7. Associate members cannot vote.
  8. Associate members shall select one representative to be an ex-officio member in the Executive Council.

2.3 Admission of New Members:

An organisation that desires to join the Platform as a member or associate member shall apply to the Executive Council through the Secretariat. The Executive Council shall send the application for review to the current members of the applicant’s country. The Executive Council will evaluate the application and decide whether to send the application to the General Assembly for final approval. The final decision on membership shall rest with the General Assembly.

An organisation whose application has been evaluated by the Executive Council but not yet formally approved by the GA is considered a candidate member. Candidate members may participate in Platform events and activities, but do not take part in decision-making.

3. Termination or disassociation:

Membership shall be terminated by the General Assembly following due process if the Member or Associate member:

  1. Does not comply with and abide by the Charter and the governing articles of the Platform or the vision and principles.
  2. Is inactive and unresponsive to communication for two years.
  3. Membership also may be withdrawn voluntarily with prior notification to the Executive Council through the Secretariat, citing reasons for their withdrawal.

4. General Assembly

4.1

The General Assembly shall be open to all members, associate members, and invited observers.

  1. Chairing: The Chair of the Executive Council shall preside over the General Assembly. In the absence of the Chair, the EC shall select a member of the EC to preside over the GA.
  2. Quorum: A quorum will consist of 50%+1 of the member organisations, both those participating on site and online.
  3. Frequency: General Assembly (GA) shall take place every 3 years. The GA should be called at least 60 days in advance of the meeting date. A special General Assembly may also be called by one-third of the member organisations.
  4. Apart from the General Assembly, the Executive Council can call for additional meetings, especially annual online meetings for updating members or for any urgent matters. Two-thirds (67%) of the member organisations can also call a meeting for any important and urgent matter.

4.2 Decision-making

The General Assembly is the highest decision-making body, thus, it can approve, modify, or reject the following:

  1. The selection of Executive Council members.
  2. Constituting the Executive Council that reflects a gender and geographic balance and ensure adequate youth representation.
  3. Proposal for amendments or review of the Charter and Governing Articles.
  4. Reports from the Executive Council.
  5. The Strategic Plan prepared by the Executive Council in consultation with members.
  6. Location of the Secretariat.
  7. Membership approval.
  8. Any policies and guidelines proposed by the Executive Council.

Decisions shall primarily be made through consensus. Where consensus cannot be reached the Chairperson may call for a vote.

5. Executive Council

5.1 Executive Council membership

The Executive Council shall consist of the following representations:

  1. The five subregions are: a) South-East Asia, b) Mekong Region, c) South Asia, d) East Asia, and e) Central Asia. There shall be a maximum of five sub-regional representatives in total [5].
  2. Constituency representatives for a) indigenous women and b) indigenous youth [2].
  3. One ex-officio representative from the associate members [1].
  4. One ex-officio representative from the host organisation [1].
  5. The subregion and constituency representatives shall hold a three-year term with limit of two consecutive terms.
  6. The Executive Council shall be constituted by a Chair, Secretary, and members. The Executive Council shall have the power to invite experts when necessitated.

5.2 Nomination and Election Process

  1. Members of the Executive Council shall be selected during the General Assembly.
  2. The selection commission shall be constituted to organise the selection process at least 30 days before the General Assembly.
  3. Each sub-region shall nominate their representative.
  4. The women and youth representatives shall be nominated by their respective women and youth member organisations.
  5. Associate members shall nominate their own representative.
  6. To maintain institutional knowledge, a mix of first and second term members is encouraged.
  7. The Chair of the Executive Council shall be elected internally by Executive Council members.
  8. The Chair shall be held by an indigenous person.
  9. The Secretary of the Executive Council shall be selected from the Executive Council.

5.3 Functions of the Council

The Executive Council shall be the decision-making body between General Assemblies, in keeping with the mandate of the General Assembly and the Charter. They shall be responsible for the following:

  1. Meet every 6 months.
  2. A quorum shall be at least two thirds (6) of its members.
  3. Decision-making shall be by consensus. Where consensus cannot be reached the Chairperson may call for a vote.
  4. Provide strategic guidance and oversee the operations of the Platform and its Secretariat.
  5. Approve operational policies and guidelines of the Secretariat.
  6. Guide and advise the strategic plan to be approved by the General Assembly.
  7. The EC will develop their own TOR according to the current requirements of the Platform’s work.
  8. Lead and facilitate the operationalisation of the Platform including execution of work plan and programs, approve the Secretariat’s annual plan, and oversee the implementation of activities as well as resource mobilisation for the Platform.
  9. Issue official statements or represent the Platform.
  10. Resolve disputes and address complaints.
  11. Conduct meetings of the Platform.
  12. Organise the General Assembly.
  13. The Chair of the Executive Council will preside over the GA during their term.
  14. Establish any temporary committee and/or thematic working group as needed for the effective implementation of the Platform’s activities.

5.4 Functions of the Chair

The Chair shall lead the Executive Council with the following power and functions:

  1. Role of representation of PAIPT.
    1. Serving as a spokesperson for the platform, taking the lead in advocacy.
    2. Networking and building solidarity.
  2. Role regarding delegation and distribution of tasks among the EC.
    1. Call meetings of the EC with at least 30 days advance notification.
    2. Chairs meetings, develops agendas.
    3. In consultation with EC members, ensure the tasks are distributed among the EC.
  3. Decision making in between the meetings of the EC meetings.
    1. The Chairperson will make decisions for daily operation of the Secretariat and implementation of programmes between EC meetings, in accordance with the mandate and decisions of the EC.
    2. The Chairperson may exercise discretion in political decision-making in accordance with the mandate of the Chairperson and the decisions made by the EC, and should consult with the EC as required.
  4. Accountability of the Chairperson.
    1. The Chairperson is directly accountable to the EC.
  5. Role regarding the functioning of the Secretariat.
    1. The Chairperson will ensure transparency of finances.
    2. The Chairperson will ensure the aims and objectives of the platform.
    3. Liaising with AIPP for complementation.
    4. Strengthen the Secretariat and its programmes.
  6. Role regarding the recruitment/hiring & departure of staff.
    1. The Chairperson shall be responsible for the recruitment, appraisal, approval, and [departure/dismissal] of staff on behalf of the EC and in coordination with AIPP.
  7. Role in program development and resource mobilization.
    1. The Chairperson will take the lead in developing strategic programmes with the support of the Secretariat and AIPP.
    2. Joint resource mobilisation with AIPP and ILC.

5.5 Functions of the Secretary

The Secretary shall provide/assist or ensure the following functions with the support of, or through delegation or instruction to the Secretariat:

  1. Record Keeping and Documentation
    1. Ensure preparation, maintenance, and distribution of accurate minutes of all Executive Council meetings.
    2. Ensure the distribution of accurate briefs/summaries of EC meetings and of important decisions to members.
    3. Ensure the safekeeping of all official documents, records, and correspondences of the organisation.
    4. Ensure the maintenance of an updated register of Executive Council members, organisational policies, and relevant internal documents.
  2. Meeting Coordination
    1. Schedule and organise Executive Council meetings, ensuring all members are informed well in advance.
    2. Distribute agendas and relevant documents prior to meetings.
    3. Track and follow up on action items and decisions made during meetings.
  3. Compliance and Governance
    1. Ensure the organisation complies with legal requirements, including filing necessary reports and documentation with government or regulatory bodies.
    2. Assist in the monitoring and review of governance policies and procedures to ensure good organisational practices.
  4. Internal Communication
    1. Serve as the point of contact for Executive Council members and the broader organisation, ensuring effective internal communication.
    2. Liaise between the Executive Council and other organisational committees or teams to facilitate collaboration and information sharing.
  5. Support for Executive Council
    1. Provide administrative support to the Chairperson and other Executive Council members as needed.
    2. Assist in preparing statements, reports, proposals, and other official communications from the Executive Council.

6. Secretariat

The Secretariat of the Platform shall be hosted by an organisation who expresses interest, and shall be approved by the GA.

  1. The Secretariat shall be responsible for the implementation of projects and programs of the Platform, including financial management and reporting.
  2. The Secretariat will provide support to the Executive Council as is needed for, inter alia, advocacy and fundraising for the implementation of the Platform’s programs and aims and objectives.
  3. Annual workplan and budget: The Secretariat shall prepare an annual workplan and budget which shall be approved by the Executive Council.
  4. Annual report: The Secretariat shall prepare an annual progress and financial report.
  5. Communication and Outreach: The Secretariat shall maintain website and social media communication as appropriate.
  6. Complaints shall be received by the Secretariat and referred to the Executive Council.
  7. The Secretariat shall prepare the strategic plan of the Platform in consultation with members and individuals as needed.
  8. Secretariat of the International Land Coalition Asia shall designate a focal point to liaise with the Secretariat of the platform to provide expert advice and technical support in fundraising, advocacy activities, and implementation of programmes.

7. General Advisors

The Secretary General of Asia Indigenous Peoples Pact (AIPP), or as designated by the organisation, and the Focal Person of International Land Coalition Asia shall act as the General Advisors of the platform. The General Advisors shall provide expert advice, within their capacity, on any matters sought for by the Executive Council of the platform.

8. Dispute Resolution

Disputes shall be resolved by the Executive Council. In the event that the Executive Council cannot resolve a dispute, it will form an ad-hoc committee to investigate and resolve the dispute. The committee will be constituted from member organisations and will be guided by due process and the right to appeal. The Committee may include any individuals with expertise in resolving disputes.

9. Membership Fee

Member and Associate Member organisations shall each contribute USD $20 upon joining the Platform, contribute in-kind, or both.

Annual dues shall be USD $20, in-kind contribution, or both.

10. Amendment

The charter and the governing articles may be amended, repealed, or altered by a 75% vote of the members present in the General Assembly.

As needed, the Executive Council shall be responsible for organising the process for proposed amendments.

The proposed amendment shall be disseminated at least 30 days in advance.

11. Dissolution of the Platform

The meeting for dissolution of the Platform should be called three months in advance and shall require the vote of 75% percent of the membership.

12. Effective Date

Annex: TOR of the Executive Council Members

TERMS OF REFERENCE (TOR)
Position: Executive Council Members
Duration: 3 years

In fulfilment of the duties and responsibilities laid down in the Governing Articles of the Executive Council (EC) of PAIPT, the Terms of Reference (TOR) shall be reviewed regularly and updated in accordance with the needs of PAIPT.

Tasks and duties:

  1. Represent and conduct advocacy, lobbying, and networking, as appropriate, in at least one area of the EC’s expertise on behalf of PAIPT.
  2. Work closely with or take a lead role in at least one area of the programs and activities of the Platform.
  3. Participate in and support, where relevant and needed, key activities such as learning exchanges, partners’ assessment meetings, and on-site monitoring and learning review conducted by the Secretariat.
  4. Participate in regional, sub-regional, and country-level processes and meetings of members and networks, and provide feedback and recommendations to the Chairperson and EC collective through the Secretary and or the Secretariat.
  5. Participate and/or provide guidance in strengthening the platform, especially at the local level.
  6. Provide comments on policies and guidelines.
  7. Assist in the staff recruitment and membership application processes.

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