Identification of indigenous and tribal peoples Indigenous and
Identification of indigenous and tribal peoples Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
Definitional issues • Over 5, 000 different peoples, 350 million human beings, living in more than 70 countries • No internationally-agreed definition of indigenous peoples • A universal definition is not necessary or desirable • Regional and national approaches differ • UNDRIP (Preamble) recognizes the need to take into account regional and national particularities Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
ILO Convention No. 169: Objective criteria for identification Tribal peoples: • Distinct social, cultural and economic conditions • Status regulated wholly or partially by their own customs or traditions or by special laws or regulations Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
ILO Convention No. 169: Objective criteria for identification Indigenous peoples: • Descent from populations which inhabited the country or region at the time of conquest, colonisation or establishment of state boundaries • Irrespective of their legal status retain some or all of their own social, economic, cultural and political institutions Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
ILO Convention No. 169: Subjective criteria “Self-identification shall be regarded as a fundamental criterion for determining the groups” – a person is accepted as belonging to a particular indigenous or tribal people – a person identifies as belonging to a particular indigenous or tribal people Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
Main conclusions regarding C 169 • Inclusive language (indigenous and tribal peoples) • Provides guidance for national and international processes of identification • Uses terminology of “peoples” but doesn’t make the link to selfdetermination Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
Use of the term “peoples” • Use of term “peoples” recognises indigenous peoples as collective entities – with collective rights • The link to the right to selfdetermination (ICCPR and ICESCR), debated for years - not included in C 169 • UNDRIP (adopted 2007) recognizes indigenous peoples’ rights to selfdetermination Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
Practical application of criteria to identify indigenous peoples • Identification in context rather than universal definition • Use national and/or local terms • Not use “definition debate” as a pretext for not addressing issues • Be inclusive (respect for IP rights is essential for good governance, human rights and conflict resolution) Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
Identification in Africa • ACHPR has issued report on the topic • A strict definition is “neither necessary, nor desirable”, and could exclude certain groups • The argument that “all Africans are indigenous” is relative to European colonisation, and is not the current use and understanding of the term • The issue is not discriminatory special rights, but rights and measures to overcome the discrimination and marginalization faced by indigenous peoples • Indigenous peoples in Africa are: Distinct peoples with distinct cultures and traditions, and distinct, often serious, human rights issues regardless of the existence of a definition. Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
Criteria (ACHPR) Main characteristics: • Cultures and ways of life differ from the dominant society • Cultures are under threat • Importance of rights to lands and natural resources • Suffer from discrimination and regarded as “less developed” • Political and social marginalization • Self identification is a key principle Examples are pastoralists and agro pastoralists (Maasai, Samburu, Tuareg, Amazigh), and huntergatherers (Ogiek, “Pygmies”, San) Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
Identification in Asia • Asia has the largest number of indigenous and tribal people - in India alone there are more than 80 million • Most countries recognise the existence of indigenous peoples under national terms such as Adivasis, Hill Tribes, Jummas, Janajatis, Nationalities etc. Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
Identification in Latin America • Indigenous peoples are identified as descendants of pre-Colombian peoples • Most countries recognise their particular status • Level of self-identification rises as stigmatization of indigenous identity diminishes • Afro-american communities have identified themselves as tribal peoples under C. 169 Indigenous and Tribal Peoples | www. ilo. org/indigenous | www. pro 169. org
- Slides: 12