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There is no single, universally accepted definition of the term "indigenous peoples"; however, the four most often invoked elements are:[7] a priority in time[ambiguous] the voluntary perpetuation of cultural distinctiveness an experience of subjugation, marginalisation and dispossession and self-identification Martínez-Cobo's[8] working definition of “indigenous communities, peoples and nations” found in the WGIP's Study on the Problem of Discrimination against Indigenous Populations in the 1980s[9] They form at present non-dominant sectors of society and are determined to preserve, develop and transmit to future generations their ancestral territories, and their ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal system. This historical continuity may consist of the continuation, for an extended period reaching into the present of one or more of the following factors: a. Occupation of ancestral lands, or at least of part of them b. Common ancestry with the original occupants of these lands c. Culture in general, or in specific manifestations (such as religion, living under a tribal system, membership of an indigenous community, dress, means of livelihood, lifestyle, etc.) d. Language (whether used as the only language, as mother-tongue, as the habitual means of communication at home or in the family, or as the main, preferred, habitual, general or normal language) e. Residence in certain parts of the country, or in certain regions of the world f. Other relevant factors. On individual basis, an indigenous person is one who self-identifies as indigenous (group consciousness), and is recognized and accepted by these populations as one of its members (acceptance by the group). This working definition is recognised and employed by international and rights-based non-governmental organizations, as well as among national/sub-national governments themselves. However, the degree to which indigenous peoples' rights and issues are accepted and recognised in practical instruments such as treaties and other binding and non-binding agreements varies, sometimes considerably, from the application of the above definition. Academics who define indigenous peoples as "living descendants of pre-invasion inhabitants of lands now dominated by others. They are culturally distinct groups that find themselves engulfed by other settler societies born of forces of empire and conquest"[10] have encountered criticism as they fail to consider regions and states where indigenous peoples constitute a majority as in PRC, Fiji, Bolivia, and Mexico, or where the entire population is indigenous, as in Iceland, Tonga and the Papua New-Guinea. Legal definitions Yali people in New Guinea Legal definitions of indigenousness have changed over time to reflect the changing perceptions of the people within the framework of conceptualisation Indigenousness, for example in Africa:[11] 1. from the advent of the colonial rule until decolonisation, the concept was used to refer to all non-European natives on territories conquered and colonised by European powers 2. under the early years of the post-colonial era, indigenousness was popularised as a concept referring to non-Europeans in countries where peoples mainly descending from European settlers remained dominant 3. the indigenous rights movement was internationalised to cover other (marginalised) groups, in Africa, Asia, Europe and the Pacific The first attempt for a legal definition was made by the International Labour Organization's The Indigenous and Tribal Populations Convention, 1957 (No. 107). International organisations International Labour Organisation The International Labour Organisation (Convention No. 169, concerning the rights of Indigenous and Tribal Peoples, 1989) in Article 1 contains a statement of coverage rather than a definition, indicating that the Convention applies to: Miao girls in China a) tribal peoples in independent countries 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; b) peoples in independent countries who are regarded as indigenous on account of their descent from the populations that inhabited the country, or a geographical region where the country belongs, at the time of conquest or colonization or the establishment of present state boundaries and who irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions. The World Bank 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. The World Bank's policy for indigenous people states: Because of the varied and changing contexts in which Indigenous Peoples live and because there is no universally accepted definition of "Indigenous Peoples," this policy does not define the term. Indigenous Peoples may be referred to in different countries by such terms as "indigenous ethnic minorities", "aboriginals", "hill tribes", "minority nationalities", "scheduled tribes", or "tribal groups."[12] United Nations Veddha chief Uruwarige Wannila Aththo, leader of the indigenous people Sri Lanka Orang Asli near Cameron Highlands, Malaysia playing a nose flute In 1972 the United Nations Working Group on Indigenous Populations (WGIP) accepted as a preliminary definition a formulation put forward by Mr. José R. Martínez-Cobo, Special Rapporteur on Discrimination against Indigenous Populations. This definition has some limitations, because the definition applies mainly to pre-colonial populations, and would likely exclude other isolated or marginal societies. In 1983 the WGIP enlarged this definition (FICN. 41Sub.211983121 Adds. para. 3 79), and in 1986 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) as per the Martínez-Cobo working definition. However, the report was based on data gathered from the 37 respondent countries, of which 18 were from the South and Latin America, and three from North America, while not one African country was represented.[13] Because the study terms of reference were concerned with discrimination, those instances where the indigenous populations are not subjected to discrimination because they remain the dominant demographic, or were never subject to colonisation were omitted.[14] From this evolved the more-often cited definition [15] Indigenous communities, peoples, and nations are those that, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop, and transmit to future generations their ancestral territories, and their ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems. Although Special Rapporteur to the UN on Indigenous peoples Erica-Irene Daes in 1995 stated that a definition was unnecessary because "historically, indigenous peoples have suffered, from definitions imposed by others" [16] Indigenous representatives also on several occasions have expressed the view before the Working Group that ...a definition of the concept of 'indigenous people' is not necessary or desirable. They have stressed the importance of self-determination as an essential component of any definition that might be elaborated by the United Nations System. In addition, a number of other elements were noted by indigenous representatives...Above all and of crucial importance is the historical and ancient connection with lands and territories[17] The Draft Declaration on the Rights of Indigenous Peoples prepared by the Working Group on Indigenous Populations[18] was adopted on the 13 September 2007 by the General Assembly as the United Nations Declaration on the Rights of Indigenous Peoples, which is used to produce a definition of indigenous peoples or populations based on the Annex and 46 Articles. This is because ...there is a perceived erosion of indigenous claims as nothing prevents groups whose indigenousness is resisted — if not resented — by widely recognized groups to equally invoke this identity. Countries, mostly from Africa and Asia, continue to oppose domestic applicability of the concept.[19] In particular Article 33 is used by many national lawmakers in producing indigenous definitions based on 1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States where they live. 2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures. The primary impetus in considering indigenous identity comes from the post-colonial movements and considering the historical impacts on populations by the European imperialism. The first paragraph of the Introduction of a report published in 2009 by the Secretariat of the Permanent Forum on Indigenous Issues published a report,[20] states For centuries, since the time of their colonization, conquest or occupation, indigenous peoples have documented histories of resistance, interface or cooperation with states, thus demonstrating their conviction and determination to survive with their distinct sovereign identities. Indeed, indigenous peoples were often recognized as sovereign peoples by states, as witnessed by the hundreds of treaties concluded between indigenous peoples and the governments of the United States, Canada, New Zealand and others.[21] Woman from the Surma ethnic group, a Nilotic people inhabiting the Southern Region in Ethiopia. Another recent publication by the UNPFII [22] includes the following passage with regard to the term "indigenous", Understanding the term “indigenous” Considering the diversity of indigenous peoples, an official definition of “indigenous” has not been adopted by any UN-system body. Instead the system has developed a modern understanding of this term based on the following: Self- identification as indigenous peoples at the individual level and accepted by the community as their member. Historical continuity with pre-colonial and/or pre-settler societies Strong link to territories and surrounding natural resources Distinct social, economic or political systems Distinct language, culture and beliefs Form non-dominant groups of society Resolve to maintain and reproduce their ancestral environments and systems as distinctive peoples and communities.[23] A Burmese depiction of the Akha in the early 1900s. Another recent statement from the UNPFII [22] holds that, Considering the diversity of indigenous peoples, an official definition of “indigenous” has not been adopted by any UN-system body. Instead the system has developed a modern understanding of this term based on the following: • Self- identification as indigenous peoples at the individual level and accepted by the community as their member. • Historical continuity with pre-colonial and/or pre-settler societies • Strong link to territories and surrounding natural resources • Distinct social, economic or political systems • Distinct language, culture and beliefs • Form non-dominant groups of society • Resolve to maintain and reproduce their ancestral environments and systems as distinctive peoples and communities.[23] According to the International Work Group for Indigenous Affairs, the following organisations currently represent the indigenous peoples rights internationally:[24] UN Permanent Forum on Indigenous Issues (UNPFII) UN Expert Mechanism on the Rights of Indigenous Peoples UN Special Rapporteur on the Rights of Indigenous Peoples Universal Periodic Review (UPR) UN Framework Convention on Climate Change (UNFCCC) UN Convention on Biological Diversity African Commission on Human and Peoples' Rights (ACHPR) Arctic Council Children of the Omo Valley in Ethiopia. National definitions Ati woman, the Philippines, 2007[25] The Negritos were the earliest inhabitants of Southeast Asia.[26] Throughout history different states designate the groups within their boundaries that are recognized as indigenous peoples according to international legislation by different terms. Indigenous people also include people indigenous based on their descent from populations that inhabited the country when non-indigenous religions and cultures arrived—or at the establishment of present state boundaries—who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. The status of the indigenous groups in the subjugated relationship can be characterized in most instances as an effectively marginalized, isolated or minimally participative one, in comparison to majority groups or the nation-state as a whole. Their ability to influence and participate in the external policies that may exercise jurisdiction over their traditional lands and practices is very frequently limited. 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 that have some, at least titular, influence over aspects of their community and land rights. In a ground-breaking decision involving the Ainu people of Japan, the Japanese courts recognised their claim in law, stating that "If one minority group lived in an area prior to being ruled over by a majority group and preserved its distinct ethnic culture even after being ruled over by the majority group, while another came to live in an area ruled over by a majority after consenting to the majority rule, it must be recognised that it is only natural that the distinct ethnic culture of the former group requires greater consideration."[27] Aboriginal farmers in Victoria, Australia, 1858 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. They may have a measurable effect, even where countered by other external influences and actions deemed beneficial or that promote indigenous rights and interests. Commonwealth of Australia In the early 1980s, the Commonwealth Department of Aboriginal Affairs proposed a new three-part definition of an Aboriginal or Torres Strait Islander person. An Aboriginal or Torres Strait Islander are people of Aboriginal or Torres Strait Islander descent who identify as Aboriginal or Torres Strait Islander, and are accepted as such by the community where they live.[28] The Philippines Indigenous Peoples of the Philippines (Tagalog: Katutubong Tao sa Pilipinas; Cebuano: Lumad or Tumandok; Ilocano: Umili a Tattao iti Filipinas) refers to a group of people or homogenous societies, identified by self-ascription and ascription by others, who have continuously lived as an organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and used such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through inroads of colonization, non-indigenous religions, and cultures, become historically differentiated from the majority of the Filipinos.[29] Shaman of Olkhon, Lake Baikal in eastern Siberia. Russian Federation According to Russian Federation law, the recognition of ethnic groups as indigenous peoples in Russia is based on ...their lifestyle, livelihoods, ethnic identity and population size. Of these criteria, only population size is relatively straightforward, whereas the others involve substantial subjectivity. In practice, historical administrative categories play an important role in determining which small groups to consider indigenous. According to the restrictions on population size, only groups that number less than fifty thousand people can be considered numerically small indigenous peoples.5 Hence, notwithstanding their claim to autochthony, larger non-Russian groups, such as the Sakha, Komi or Chechens, are not included in this concept because they count too many members. This is not to say that they are not considered indigenous (korennye) in a broader sense, but rather that this indigenousness does not entail the type of rights bestowed on the smaller peoples in Russia or on indigenous peoples of all sizes internationally.[30] Summary A composite definition of indigenous people can be assembled from the above examples. This definition includes cultural groups (and their continuity or association with a region and who formerly or currently inhabit that region) under at least one of these conditions: Before or its subsequent colonization or annexation Alongside other cultural groups during the formation or reign of a colony or nation-state Independently or largely isolated from the influence of the claimed governance by a nation-state ...and: Have maintained at least part of distinct cultural, social, or linguistic characteristics, and remain differentiated in some degree from surrounding populations and dominant culture Self-identify as indigenous, and are recognized as such by other groups Another defining characteristic for an indigenous group is that it has preserved traditional ways of living, such as present or historical reliance upon subsistence-based production (based on pastoral, horticultural and/or hunting and gathering techniques), and a predominantly non-urbanized society. Not all indigenous groups share these characteristics. Indigenous societies may be either settled in a given locale/region or exhibit a nomadic lifestyle across a large territory, but are generally historically associated with a specific territory on which they depend. Indigenous societies are found in every inhabited climate zone and continent of the world.[2][31] |
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