Indigenous and Tribal Peoples | | Identification of indigenous and tribal peoples

Indigenous and Tribal Peoples | | 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 | | 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 | | 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 | | 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 | | Main conclusions regarding C169 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 self- determination

Indigenous and Tribal Peoples | | Use of the term “peoples” Use of term “peoples” recognises indigenous peoples as collective entities – with collective rights The link to the right to self- determination (ICCPR and ICESCR), debated for years - not included in C169 UNDRIP (adopted 2007) recognizes indigenous peoples’ rights to self- determination

Indigenous and Tribal Peoples | | 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 | | 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 | | 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 hunter- gatherers (Ogiek, “Pygmies”, San)

Indigenous and Tribal Peoples | | 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 | | 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