Definitions and identity of indigenous peoples
Encyclopedia
The term indigenous people can be used in the context of with various concepts of indigeneity.
Key to a contemporary understanding of 'indigeneity' is the political role an ethnic group plays, for all other criteria usually taken to denote indigenous groups (territory, poverty, race, history, dependency on natural resources, etc.) can to a greater or lesser extent also be applied to majority cultures. Therefore, the distinction applied to indigenous ethnic groups can be formulated as: “a politically underprivileged group, who share a similar ethnic identity different from the nation in power, and who have been an ethnic entity in the locality before the present ruling nation took over power” (Greller, 1997).
The specific term indigenous peoples has a much more restrictive interpretation when it used in more formalised, legalistic and academic settings, associated with the collective rights of human populations. In these contexts, the term is used to denote particular peoples and groups around the world who, as well as being native to or associated with some given territory, meet certain other criteria (such as those expressed in the definitions detailed below). This article is concerned with the latter, and not the former, sense of the term.
There are various formulations of these defining characteristics in existence. Most are commonly drawn from a few widely-acknowledged authorities, in particular the Martínez Cobo – WGIP
statement. These several definitions are nonetheless widely recognised and employed by international
and right
s-based non-governmental organization
s, as well as among national/sub-national governments themselves —although this is decidedly not universal or free from dispute. 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.
The status of the indigenous group in this relationship can be characterized in most instances as an effectively marginalized, isolated or minoritised
one, in comparison to other 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 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.
Working Group on Indigenous Populations
(WGIP) accepted as a preliminary definition a formulation put forward by Mr. José Martínez Cobo, Special Rapporteur on Discrimination against Indigenous Populations:
This definition has some limitations which were subsequently noted by the organization. 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) to include the following criteria:
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 Declaration on the Rights of 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/Sub.2/AC.4/1995/3, page 3).
, concerning the working rights of Indigenous and Tribal Peoples, 1989) applies to:
(operational directive 4.20, 1991) reads as follows:
: 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
.
The indigenous peoples also include peoples who are regarded as indigenous based on their descent from the populations which inhabited the country at the time of inroads of non-indigenous religions and cultures or 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.
Key to a contemporary understanding of 'indigeneity' is the political role an ethnic group plays, for all other criteria usually taken to denote indigenous groups (territory, poverty, race, history, dependency on natural resources, etc.) can to a greater or lesser extent also be applied to majority cultures. Therefore, the distinction applied to indigenous ethnic groups can be formulated as: “a politically underprivileged group, who share a similar ethnic identity different from the nation in power, and who have been an ethnic entity in the locality before the present ruling nation took over power” (Greller, 1997).
The specific term indigenous peoples has a much more restrictive interpretation when it used in more formalised, legalistic and academic settings, associated with the collective rights of human populations. In these contexts, the term is used to denote particular peoples and groups around the world who, as well as being native to or associated with some given territory, meet certain other criteria (such as those expressed in the definitions detailed below). This article is concerned with the latter, and not the former, sense of the term.
There are various formulations of these defining characteristics in existence. Most are commonly drawn from a few widely-acknowledged authorities, in particular the Martínez Cobo – WGIP
Working Group on Indigenous Populations
The Working Group on Indigenous Populations was a subsidiary body within the structure of the United Nations. It was established in 1982, and was one of the six working groups overseen by the Sub-Commission on the Promotion and Protection of Human Rights, the main subsidiary body of the United...
statement. These several definitions are nonetheless widely recognised and employed by international
International organization
An intergovernmental organization, sometimes rendered as an international governmental organization and both abbreviated as IGO, is an organization composed primarily of sovereign states , or of other intergovernmental organizations...
and right
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
s-based non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
s, as well as among national/sub-national governments themselves —although this is decidedly not universal or free from dispute. 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.
The status of the indigenous group in this relationship can be characterized in most instances as an effectively marginalized, isolated or minoritised
Minority group
A minority is a sociological group within a demographic. The demographic could be based on many factors from ethnicity, gender, wealth, power, etc. The term extends to numerous situations, and civilizations within history, despite the misnomer of minorities associated with a numerical statistic...
one, in comparison to other groups or the nation-state as a whole. Their ability to influence and participate in the external policies that may exercise jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
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 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
Unintended consequence
In the social sciences, unintended consequences are outcomes that are not the outcomes intended by a purposeful action. The concept has long existed but was named and popularised in the 20th century by American sociologist Robert K. Merton...
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.
United Nations
In 1972 the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Working Group on Indigenous Populations
Working Group on Indigenous Populations
The Working Group on Indigenous Populations was a subsidiary body within the structure of the United Nations. It was established in 1982, and was one of the six working groups overseen by the Sub-Commission on the Promotion and Protection of Human Rights, the main subsidiary body of the United...
(WGIP) accepted as a preliminary definition a formulation put forward by Mr. José Martínez 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 exclude 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 Declaration on the Rights of Indigenous Peoples
Declaration on the Rights of Indigenous Peoples
The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 62nd session at UN Headquarters in New York City on 13 September 2007....
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/Sub.2/AC.4/1995/3, page 3).
International Labour Organisation
A definition as used by the International Labour Organisation (Convention No. 169Indigenous and Tribal Peoples Convention, 1989
Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention, also known as ILO-convention 169, or C169. It is the major binding international convention concerning indigenous peoples, and a forerunner of the Declaration on the Rights of Indigenous Peoples.It...
, 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.
World Bank
A description of Indigenous Peoples given by the World BankWorld Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...
(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.
Philippine Definition
Indigenous Peoples of the Philippines ' onMouseout='HidePop("91714")' href="/topics/Cebuano_language">CebuanoCebuano language
Cebuano, referred to by most of its speakers as Bisaya , is an Austronesian language spoken in the Philippines by about 20 million people mostly in the Central Visayas. It is the most widely spoken of the languages within the so-named Bisayan subgroup and is closely related to other Filipino...
: Lumad
Lumad
The Lumad is a term being used to denote a group of indigenous peoples of the southern Philippines. It is a Cebuano term meaning "native" or "indigenous"...
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
Filipino people
The Filipino people or Filipinos are an Austronesian ethnic group native to the islands of the Philippines. There are about 92 million Filipinos in the Philippines, and about 11 million living outside the Philippines ....
.
The indigenous peoples also include peoples who are regarded as indigenous based on their descent from the populations which inhabited the country at the time of inroads of non-indigenous religions and cultures or 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.
See also
- IndigenismIndigenismIndigenism, Native nationalism, or Indigenous nationalism is a kind of ethnic nationalism emphasizing the group's indigeneity to their homeland...