Indigenous peoples

The term indigenous peoples has no universal, standard or fixed definition. Several widely-accepted formulations have been put forward by important internationally-recognised organizations, such as the United Nations, the International Labour Organization and the World Bank.

Definitions

An indigene is literally someone or something that is native to or originating from a given place. Therefore, when indigenous is used purely as an adjective, an indigenous people is a group or culture regarded as "coming from" a given place. In this broad sense almost any person or group is indigenous to some location or other.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

As a contemporary cultural description, however, the term indigenous peoples has a much narrower common meaning. The more restrictive criteria as outlined need to be satisfied in order to identify an indigenous group as such in the sense interpreted here.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The identification of a people as indigenous under these terms can in practice be further refined by examining the nature and status of their interactions with other communities. These other, external communities or nation-states are those having some degree of association, claim or control over the same territory inhabited (or formerly inhabited) by the indigenous group.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In this relationship the status of the indigenous people can in most instances be characterised as being effectively marginalised, isolated and/or as forming a minority, when compared to other groups from whom they are distinct, or the nation-state as a whole. They have limited participation and influence over external policies concerning their territorial, environmental and societal governance.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

This situation can persist even in the case where the indigenous population outnumbers that of the other inhabitants of the region or state; the defining notion here is one of separation from decision and regulatory processes having some at least titular effect over aspects of their community and lands.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The presence of external laws, claims and cultural mores either potentially or actually act to variously constrain the practices and observances of an indigenous society. These constraints can be observed even when the indigenous society is regulated largely by its own tradition and custom. They may be purposefully imposed, or arise as unintended consequence of trans-cultural interaction; and have a measurable effect even where countered by other external influences and actions deemed to be beneficial or which serve to promote indigenous rights and interests within the wider community.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Thus many organizations advocating for indigenous rights, and the indigenous communities themselves, seek to particularly and explicitly identify peoples in this position as indigenous. This identification may also be made or acknowledged by the surrounding communities and nation-state, although there are some instances where the identity claim is the subject of some dispute, particularly with regard to recognizing assertions made over territorial rights.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In contrast, the term non-indigenous might well be applied to describe these other communities; however, its application may be inaccurate or contested in some circumstances where the cultural group has or lays claim to lengthy prior association with the territory.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Some formal contemporary definitions which have been offered and widely accepted are described below.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In 1972 the United Nations Working Group on Indigenous Populations (WGIP) accepted as a preliminary definition a formulation put forward by Mr. José Martinez Cobo, Special Rapporteur on Discrimination against Indigenous Populations:

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

:Indigenous populations are composed of the existing descendants of the peoples who inhabited the present territory of a country wholly or partially at the time when persons of a different culture or ethnic origin arrived there from other parts of the world, overcame them, by conquest, settlement or other means, reduced them to a non-dominant or colonial condition; who today live more in conformity with their particular social, economic and cultural customs and traditions than with the institutions of the country of which they now form part, under a state structure which incorporates mainly national, social and cultural characteristics of other segments of the population which are predominant.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

This definition has some limitations which were subsequently noted by the organization. The definition applies mainly to pre-colonial populations, and would likely exlude other isolated or marginal societies. In 1983 the WGIP enlarged this definition (FICN. 41Sub.211983121 Adds. para. 3 79) to include the following criteria:

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

:*(a) they are the descendants of groups, which were in the territory at the time when other groups of different cultures or ethnic origin arrived there;

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

:*(b) precisely because of their isolation from other segments of the country's population they have almost preserved intact the customs and traditions of their ancestors which are similar to those characterised as indigenous;

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

:*(c) they are, even if only formally, placed under a state structure which incorporates national, social and cultural characteristics alien to their own.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In 1986 it was further added that any individual who identified himself or herself as indigenous and was accepted by the group or the community as one of its members was to be regarded as an indigenous person (E/CN.4/Sub.2/1986/7/Add.4. para.381).

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The draft Universal Declaration on the Rights of the Indigenous Peoples prepared by the DWIG does not provide a specific definition of indigenous peoples or populations. According to the Chairperson, Ms. Erica Irene Daes, Rapporteur of the Working Group, this was because "historically, indigenous peoples have suffered, from definitions imposed by others" (E/CN.4/Stib.2/AC.4/1995/3, page 3).

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

A definition as used by the International Labour Organisation (Convention No. 169, concerning the working rights of Indigenous and Tribal Peoples, 1989) applies to:

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

:both tribal peoples whose social, cultural and economic conditions distinguish them from other sections of the national community and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations, and to peoples who are regarded as indigenous on account of their descent from the populations which inhabit the country at the time of conquest or colonisation.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

A description of Indigenous Peoples given by the World Bank (operational directive 4.20, 1991) reads as follows:

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

:Indigenous Peoples can be identified in particular geographical areas by the presence in varying degrees of the following characteristics: a) close attachment to ancestral territories and to the natural resources in these areas; b) self-identification and identification by others as members of a distinct cultural group; c) an indigenous language, often different from the national language; d) presence of customary social and political institutions; and e) primarily subsistence-oriented production.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~