PFII/2004/WS.

1/3
Original: English
UNITED NATIONS
NATIONS UNIES
DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS
Division for Social Policy and Development
Secretariat of the Permanent Form on Indi!enos Isses
W"#$S%"P "& D'(' )"**+)(I"&
'&D DIS',,#+,'(I"&
F"# I&DI,+&"-S P+"P*+S
.&e/ 0or12 13421 5anary 20046
THE CONCEPT OF INDIGENOUS PEOPLES
7ac1!rond paper prepared
8y the Secretariat of the Permanent Form
on Indi!enos Isses
Introduction
1. In the thirty4year history of indi!enos isses at the -nited &ations2 and the
lon!er history in the I*" on this 9estion2 considera8le thin1in! and de8ate have 8een
devoted to the 9estion of definition of :indi!enos peoples;2 8t no sch definition has
ever 8een adopted 8y any -&4system 8ody. "ne of the most cited descriptions of the
concept of the indi!enos /as !iven 8y 5ose #. <artine= )o8o2 the Special #apporter of
the S84)ommission on Prevention of Discrimination and Protection of <inorities2 in his
famos Stdy on the Pro8lem of Discrimination a!ainst Indi!enos Poplations.
1

Si!nificant discssions on the s8>ect have 8een held /ithin the conte?t of the
preparation of a Draft Declaration on the #i!hts of Indi!enos Peoples
2
8y the Wor1in!
,rop on Indi!enos Poplations since 13@2. 'n nderstandin! of the concept of
:indi!enos and tri8al peoples; is contained in article 1 of the 13@3 )onvention
concernin! Indi!enos and (ri8al Peoples in Independent )ontries2 &o. 1A32 adopted 8y
the International *a8or "r!ani=ation.
Study on the Problem of Discrimintion !inst Indi!enous Po"ultions
2. 'fter lon! consideration of the isses involved2 the Special #apporter /ho
prepared the a8ove4mentioned stdy offered a /or1in! definition of :indi!enos
commnities2 peoples and nations;. In doin! so he e?pressed a nm8er of 8asic ideas to
provide the intellectal frame/or1 for this effort2 /hich inclded the ri!ht of indi!enos
peoples themselves to define /hat and /ho is indi!enos. (he /or1in! definition reads
as follo/sB
:Indi!enos commnities2 peoples and nations are those /hich2 havin! a
historical continity /ith pre4invasion and pre4colonial societies that developed on their
territories2 consider themselves distinct from other sectors of the societies no/ prevailin!
on those territories2 or parts of them. (hey form at present non4dominant sectors of
society and are determined to preserve2 develop and transmit to ftre !enerations their
ancestral territories2 and their ethnic identity2 as the 8asis of their contined e?istence as
peoples2 in accordance /ith their o/n cltral patterns2 social instittions and le!al
system.
:(his historical continity may consist of the contination2 for an e?tended period
reachin! into the present of one or more of the follo/in! factorsB
a6 "ccpation of ancestral lands2 or at least of part of themC
86 )ommon ancestry /ith the ori!inal occpants of these landsC
c6 )ltre in !eneral2 or in specific manifestations .sch as reli!ion2 livin! nder a
tri8al system2 mem8ership of an indi!enos commnity2 dress2 means of
livelihood2 lifestyle2 etc.6C
d6 *an!a!e ./hether sed as the only lan!a!e2 as mother4ton!e2 as the ha8ital
means of commnication at home or in the family2 or as the main2 preferred2
ha8ital2 !eneral or normal lan!a!e6C
e6 #esidence on certain parts of the contry2 or in certain re!ions of the /orldC
f6 "ther relevant factors.
:"n an individal 8asis2 an indi!enos person is one /ho 8elon!s to these
indi!enos poplations thro!h self4identification as indi!enos .!rop consciosness6
and is reco!ni=ed and accepted 8y these poplations as one of its mem8ers .acceptance
8y the !rop6.
:(his preserves for these commnities the soverei!n ri!ht and po/er to decide
/ho 8elon!s to them2 /ithot e?ternal interference;.
3
#or$in! Grou" on Indi!enous Po"ultions
2
3. Drin! the many years of de8ate at the Wor1in! ,rop2 the o8servers from
indi!enos or!ani=ations developed a common position and re>ected the idea of a formal
definition of indi!enos peoples that /old 8e adopted 8y States.
4
Similarly
!overnmental dele!ations e?pressed the vie/ that it /as neither desira8le nor necessary
to ela8orate a niversal definition of indi!enos peoples. Finally2 at its fifteenth session2
in 133D2 the Wor1in! ,rop conclded that a definition of indi!enos peoples at the
!lo8al level /as not possi8le at that time2 and certainly not necessary for the adoption of
the Draft Declaration on the #i!hts of Indi!enos Peoples.
E
'rticle @ of the Draft
Declaration2 states that
:Indi!enos peoples have a collective and individal ri!ht to maintain and
develop their distinct identities and characteristics2 incldin! the ri!ht to identify
themselves as indi!enos and to 8e reco!ni=ed as sch.;
A
Interntionl Lbour Or!ni%tion Con&ention No' ()*
4. 'rticle 1 of I*" )onvention &o. 1A3 contains a statement of covera!e rather than
a definition2 indicatin! that the )onvention applies toB
:a6 tri8al peoples in independent contries /hose social2 cltral and economic
conditions distin!ish them from other sections of the national commnity and /hose
stats is re!lated /holly or partially 8y their o/n cstoms or traditions or 8y special
la/s or re!lationsC
:86 peoples in independent contries /ho are re!arded as indi!enos on accont
of their descent from the poplations /hich inha8ited the contry2 or a !eo!raphical
re!ion to /hich the contry 8elon!s2 at the time of con9est or coloni=ation or the
esta8lishment of present state 8ondaries and /ho irrespective of their le!al stats2 retain
some or all of their o/n social2 economic2 cltral and political instittions.;
E. 'rticle 1 also indicates that self4identification as indi!enos or tri8al shall 8e
re!arded as a fndamental criterion for determinin! the !rops to /hich the provisions of
this )onvention apply.
A. (he t/o terms :indi!enos peoples; and :tri8al peoples; are sed 8y the I*"
8ecase there are tri8al peoples /ho are not :indi!enos; in the literal sense in the
contries in /hich they live2 8t /ho nevertheless live in a similar sitation F an e?ample
/old 8e 'fro4descended tri8al peoples in )entral 'mericaC or tri8al peoples in 'frica
sch as the San or <aasai /ho may not have lived in the re!ion they inha8it lon!er than
other poplation !rops. &evertheless2 many of these peoples refer to themselves as
:indi!enos; in order to fall nder discssions ta1in! place at the -nited &ations. For
practical prposes the terms :indi!enos; and :tri8al; are sed as synonyms in the -&
system /hen the peoples concerned identify themselves nder the indi!enos a!enda.
Conclusion
3
D. In the si?ty4year history of developin! International *a/ /ithin the -nited
&ations system2 varios terms have not 8een formally defined2 the most vivid e?amples
8ein! the notions of :peoples; and of :minorities;. 0et2 the -nited &ations has
reco!ni=ed the ri!ht of peoples to self4determination
D
and has adopted the Declaration on
the #i!hts of Persons 7elon!in! to &ational or +thnic2 #eli!ios and *in!istic
<inorities.
@
(he lac1 of formal definition of :peoples; or :minorities; has not 8een
crcial to the "r!ani=ationGs sccesses or failres in those domains nor to the promotion2
protection or monitorin! of the ri!hts reco!ni=ed for these entities.
@. Similarly2 in the case of the concept of :indi!enos peoples;2 the prevailin! vie/
today is that no formal niversal definition of the term is necessary. For practical
prposes the nderstandin! of the term commonly accepted is the one provided in the
<artine= )o8o stdy mentioned a8ove.
3
4
1
-& Doc. +/)&.4/S8.2/13@A/D and 'dd. 144. (he conclsions and recommendations of the stdy2 in 'ddendm 42 are
also availa8le as a -nited &ations sales p8lication .-.&. Sales &o. +.@A.HII.36. (he stdy /as lanched in 13D2 and
/as completed in 13@A2 ths ma1in! it the most volminos stdy of its 1ind2 8ased on 3D mono!raphs.
2
(he Draft Declaration is contained in -& Doc. +/)&.4/S8.2/1334/2/'dd.1 and is crrently nder consideration 8y a
Wor1in! ,rop of the )ommission on %man #i!hts.
3
Spra 12 para!raphs 3D343@2.
4
'n e?ample of the position of indi!enos representatives is listed in the 133A report of the Wor1in! ,rop .-& Doc.
+/)&.4/S8.2/133A/216 as follo/sB
:We2 the Indi!enos Peoples present at the Indi!enos Peoples Preparatory <eetin! on Satrday2 2D 5ly 133A2 at the
World )oncil of )hrches2 have reached a consenss on the isse of definin! Indi!enos Peoples and have
nanimosly endorsed S84)ommission resoltion 133E/32. We cate!orically re>ect any attempts that ,overnments
define Indi!enos Peoples. We frther endorse the <artine= )o8o report .+/)&.4/S8.2/13@A/'dd.46 in re!ard to the
concept of :indi!enos;. 'lso2 /e ac1no/led!e the conclsions and recommendations 8y )hairperson4#apporter
<adame +rica Daes in her /or1in! paper on the concept of indi!enos peoples .+/)&.4/S8.2/').4/133A/26.;
E
-& Doc. +/)&.4/S8.2/133D/142 para.123. See also -& Doc. +/)&.4/S8.2/133A/212 paras. 1E341E4.
A
Spra 2.
D
(he ri!ht of peoples to self4determination is reco!ni=ed in article 1 common to the International )ovenant on
+conomic2 Social and )ltral #i!hts and the International )ovenant on )ivil and Political #i!hts2 8oth adopted 8y the
,eneral 'ssem8ly in 13AA and ratified 8y the over/helmin! ma>ority of States.
@
'dopted 8y the ,eneral 'ssem8ly in 1332.
3
In some parts of 'sia and 'frica the term :ethnic !rops; or :ethnic minorities; is sed 8y !overnments2 altho!h
some of these !rops have identified themselves as :indi!enos;.