UNIT 4 INTERNATIONAL CONVENTIONS

AND COVENANTS
Structure
4.0 Objectives
4.1 Introduction
4.2 Indigenous People and Interventions of the UNO
4.3 ILO Convention 107 of 1957
4.4 ILO Convention 169 of 1989
4.5 UN Declaration on the Rights of Indigenous People
4.6 Indigenous People of Asia and India
4.7 Let Us Sum Up
4.8 Further Readings and References

4.0 OBJECTIVES
In this Unit, we shall discuss various international conventions and covenants in
view of the tribes/Indigenous People across the world. United Nations Organization
(UNO) is an international institution, which has played a significant role on the
question of survival, livelihood, development, and identity assertion of the tribes/
indigenous people. After going through the chapter you should know about:
 The interventions of the UNO for the preservation, promotion, and protection
of the Indigenous people across the world,
 The International Labour Organization (ILO) Convention 107 and 169,
 The International Indigenous People’ Decades, and
 The Issues of Indigenous people in Asia and India.

4.1 INTRODUCTION
There are about 300 million indigenous people across more than 70 countries, of
whom approximately 70 per cent live in Asia. About 8.6 per cent Indian population
are indigenous people. They are not always numerical minorities. They speak
more than 5,000 languages, half of which are likely to disappear in a very short
time. They maintain a distinct identity and culture. They hold a distinct world view.
Indigenous people are a distinct people, who subscribe to a different development
paradigm. They are increasingly asserting their rights, which historically have been
denied to them. Indigenous people today remain poor and uprooted from their
physical and cultural customary resource base. They suffer from health epidemics.
They are exposed to armed conflicts. They are the worst affected by climate
change.
The use of the term ‘Indigenous People’ for certain groups of people has been
controversial. According to Xaxa (2008, p. 223) there was no problem in using 49
Tribal Policies and the expression before, but there is a contestation now in the use of the term. He
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draws our attention to the fact that the concept of indigenous people primarily
came from international agencies such as the ILO and UNO that have worked out
much of the available literature on them. The term ‘indigenous people’ was used
for the first time in 1957 in ILO Convention 107. It gained wide currency with the
declaration of the International Year of the Indigenous People in 1993.
The focus on Indigenous people is traced back to 1960s. The process of
decolonization led to renewed emphasis on people’ right to self-determination
creating a larger political space in which new groups could begin to assert themselves
in the new political mainstream. Anti-racism and women’s movement in the West,
through their defense of diversity paved the way for an incipient indigenous
movement (ICIMOD, 2007, p. 2).
In 1977, the First Non-Government Organization (NGO) Conference took place
on the discrimination against indigenous population. In 1978 a special rapporteur
on discrimination against Indigenous people came out with a report. While ILO
had started revising the 107 convention on indigenous people and tribal people,
in 1982, there was engagement of the United Nations (UN) system through setting
up of the ‘Working Group on Indigenous Population’ (ibid).
The Group also began to employ the working definition of indigenous people
developed in 1972 by Martinez Cobo, a special rapporteur of the UNO. In 1986,
Cobo in his final report ‘Study of the Problems of Discrimination against Indigenous
Population’ defined indigenous people as follows:
“Indigenous communities, people and nations are those which, having a
historical continuity with pre-invasion and pre-colonial societies that developed
on their territories considers themselves distinct from other sections of the
societies now prevailing in those territories, or parts of them. They form at
present non-dominant sector 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 people, in
accordance with their own cultural patterns, social institutions and legal
systems” (as cited by Xaxa 2008, p. 225).
There are three important aspects in the above definition – existence before the
onslaught of colonization; distinct socio-cultural, historical, economic, and political
identity; and belonging to a non-dominant society.

4.2 INDIGENOUS PEOPLE AND INTERVENTIONS

OF THE UNO
The First International Decade of the World’s Indigenous people (1995-2004)
was barely over, the United Nations General Assembly adopted resolution 59/174
on 20 December 2004, proclaiming a second International Decade of the World’s
Indigenous People to commence on 1 January 2005. The Under-Secretary-General
for Economic and Social Affairs was appointed as the coordinator of the second
Decade and a voluntary fund was established as a successor to the already-
existing Voluntary Fund of the first Decade.
Prior to the declaration of the first Decade, the year 1993 was declared as the
first International Year of Indigenous people. When in 1993 the UN World
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Conference on Human Rights in Vienna recommended the declaration of a Decade International
Conventions and
of Indigenous People 1995-2004, the goal set was ‘to strengthen international Convenants
cooperation for the solution of the problem faced by Indigenous People in the
areas of human rights, culture, environment, development, education and health’.
The theme of the Decade was ‘Indigenous People: Partnership in Action’
(ICIMOD 2007:2).
The main objectives of the First Decade were: first, setting up of a Forum for
Indigenous people within the UN; second, the development of activities, by
specialized agencies of the UN system and other inter-governmental and national
agencies, that benefit indigenous people; third, the education of indigenous and
non-indigenous societies concerning the cultures, languages, rights and aspirations
of indigenous people; fourth, the promotion and protection of the rights of indigenous
people; fifth, the implementation of all the recommendations concerning indigenous
people adopted by all high level international conferences; and sixth, the adoption
of the draft Declaration on the Rights of Indigenous People, and the development
of international standards and national legislation to protect and promote indigenous
peoples’ human rights.
The question obviously is why the need of declaring the second consecutive
International Decade of the World’s Indigenous People. Were the objectives of
the First Decade unfulfilled necessitating thereby declaration of the second? In the
resolution of the First Decade, the General Assembly had requested the Secretary-
General to appoint the Assistant Secretary-General for Human Rights as the
Coordinator of the Decade and established the Voluntary Fund to assist the funding
of projects and programmes which could promote the goals of the International
Decade of the World’s Indigenous People. In its resolution, the General Assembly
appointed the High Commissioner for Human Rights as Coordinator of the Decade.
In its resolution of 23 December 1994, the General Assembly had adopted the
short-term programme of activities for 1995. The comprehensive programme of
activities was adopted by the General Assembly in its resolution of 21 December
1995. The General Assembly also authorized the establishment of the Voluntary
Fund for the International Decade for the purpose of financing projects and
programmes during the Decade.
The UN Commission on human rights draft declaration on the rights of indigenous
people, as revised by the members of the working group on indigenous population
seeks to promote right to diversity, equality, freedom, development in accordance
with their own needs and interests, recognition to their rights– to their lands,
territories and resources which derive from their cultures, spiritual traditions, histories
and philosophies, as well as from their political, economic and social structures.
There is also a mandate for the indigenous people organizing themselves, respect
for indigenous knowledge and practices for sustainable development and
management of the environment, human rights and right to self-determination.
In April 2000, the Commission on Human Rights adopted a resolution to establish
the UN Permanent Forum of Indigenous Issues which was endorsed by the
Economic and Social Council in resolution of 28 July 2000. The mandate of the
Permanent Forum was to discuss indigenous issues related to culture, economic
and social development, education, the environment, health and human rights.
Several National Governments have also passed specific laws on the rights and
special identities of indigenous people and their right to ownership over their
traditional lands. 51
Tribal Policies and The UN General Assembly by its resolution decided to celebrate the International
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Day of the World’s Indigenous People on 9 August every year during the
International Decade of the World’s Indigenous People. In 2004 the Assembly
proclaimed a Second International Decade. The goal of this Decade is to further
strengthen international cooperation for the solution of problems faced by indigenous
people in such areas as culture, education, health, human rights, the environment,
and social and economic development.
Check Your Progress I
Note: Use the space provided for your answers.
1) Who are the Indigenous People?
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2) What were the goal and themes of the First International Decade of the
World’s Indigenous People?
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4.3 ILO CONVENTION 107 OF 1957

The ILO Convention 107 of 1957 was adopted by International Labour
Organisation on 5th June, 1957. It was a mandate for the protection and integration
of the indigenous and other tribal and semi-tribal populations in independent
countries. It affirms that “all human beings have the right to pursue both their
material well-being and their spiritual development in conditions of freedom and
dignity, of economic security and equal opportunity”. It was also a mandate for
improving “the living and working conditions of these populations by simultaneous
action in respect of all the factors which have hitherto prevented them from sharing
fully in the progress of the national community” (Retrieved August 18, 2009 from
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C107).
This convention was meant for (a) members of tribal or semi-tribal populations in
independent countries whose social and economic conditions were at a less advanced
stage than the stage reached by the other sections of the national community, and
whose status was regulated wholly or partially by their own customs or traditions
or by special laws or regulations; (b) members of tribal or semi-tribal populations
in independent countries which were regarded as indigenous on account of their
descent from the populations which inhabited the country, or a geographical region
to which the country belongs, at the time of conquest or colonisation and which,
irrespective of their legal status, lived more in conformity with the social, economic
and cultural institutions of that time than with the institutions of the nation to which
52 they belonged (Article 1).
Articles 2-5 deal with the protection and integration of these populations with the International
Conventions and
national communities. These envisage promotion and integration of the matters in Convenants
terms of socio-cultural change and exclusion. These also promote enhancement of
the living standard of these people.
Article 3 deals with the right to citizenship of these populations without
discrimination.
Article 4 deals with the protection of cultural and religious value of these people.
Articles 7-10 provide with the legal matters of these people that include protection
of customary laws, customs, and institutions, practices of social control, and
prevention from detentions and rehabilitation rather than confinement of prison.
Articles 11-14 deal with the matters concerned with the land of these people that
include right to ownership of land, individual or collective transmission of rights of
ownership and use of land and land grabbing, land alienation, and displacement.
Article 15 deals with the employment of the indigenous people. It also deals with
the discrimination of these people in the offices, institutions and equal remuneration
for the work. It promotes for the security of these people in the offices they work.
Articles 16-18 promote vocational training, and preservation and protection of
their handicrafts, industries, including technologies. As these enable them to transcend
their economic standards these articles also deal with the market of their knowledge.
These articles encourage them to increase respect for their craft knowledge,
technologies, artistic values, that show their cultural expressions and epitomes.
Articles 19-20 deal with the social security of indigenous people along with
promoting their health standards through providing adequate health services.
Articles 21-26 deal with the development of their education and means of
communication through various methods, such as promotion of mother tongues/
vernacular language, utilization of primary education, and translation of other
languages to the mother tongue.
Finally, Articles 27-37 deal with the administration of these people and duties of
the member countries.

4.4 ILO CONVENTION 169 OF 1989

The ILO Convention 169 of 1989 is the revised version of the Convention No.
107 of 1957 (Retrieved from August 18, 2009 http://www.ilo.org/ilolex/cgi-lex/
convde.pl?C169). The ILO adopted this in the conference held on 7 June 1989
at Geneva. It was adopted with the view to remove the assimilationist orientation
of the previous convention. It was made with a particular view to recognize the
aspirations of these people to exercise control over their own institutions. The idea
was also to decide for themselves their way of life; economic development; maintain
and develop their identities, language and religions within the frameworks of the
States, in which they live. The view was also to protect their fundamental rights,
law, values, customs, and so on.
Further, it called for the ‘contribution of indigenous and tribal people to the cultural
diversity and social and ecological harmony of mankind and to international co-
operation and understandings’. As many as 44 Articles were amended in the
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Tribal Policies and Convention on different aspects as given below. This convention was applied to
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(a) tribal people in independent countries whose social, cultural and economic
conditions distinguish from other sections of the national community; and whose
status is regulated wholly or partly by their own customs or traditions or by special
laws and regulations; (b) people in independent countries who are regarded as
indigenous on account of their descent from the populations which inhabited the
country, or a geographical regions to which the country belong, 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 social, economic,
cultural and political institutions (Article 1).
Preservation of cultural rights and identity: Article 2-5 deal with promotion
of socio-political and economic rights of the people.
Preservation of Value system: Articles 2-5 deal with the preservation and
respect of the identity, and cultural traditions and customs of the indigenous and
tribal people.
Protection of environment and territory (Articles 4&7): These Articles deal
with the protection of the environment and the territories these people inhabit.
No discrimination/Freedom/self-determination (Articles 3, 4, 7): This deals
with issues concerning freedom of the people and stopping of all forms of
discrimination of these people.
Human rights (Articles 9-12): These articles deal with the legal aspects in
relation to indigenous people, such as atrocities, punishment, prison, and so on.
Articles 13-19 deal with the issues concerning land rights, land alienations, forced
displacement, rehabilitations, relocation, and public enquiries in these matters,
compensations, land transformation, and so on. These also deal with the forest
rights of these people including common property resources.
Article 20 specifically deals with employment that includes their respect, promotion,
remuneration, occupational safety, and benefits irrespective of their sex.
Articles 21-23 deal with providing vocational trainings to these people so as to
promote their economic livelihood and income. These also encourage them to
respect and provide training for these people regarding the development, and
marketisation of their handicrafts and industries.
Articles 24-25 deal with the health and social security of the indigenous people.
These also ensure adequate health facilities, its delivery and utilization in the area
they inhabit. These also deal with the cooperation with these people in matter of
their traditional health care practices and traditional medicines.
Articles 26-31 deal with promotion of education among the indigenous people in
addressing their needs, socio-economic aspirations, and formulation, implementation
and evaluation of the programmes meant to develop their education. These
encourage them to preserve the indigenous language and promote its use in their
educational institutions.
Article 32 of the Convention deals with the issues of the protection of indigenous
people, inhabiting on border areas, and their socio-cultural, economic and other
needs.
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Articles 33 deals with the administration of the indigenous people. International
Conventions and
Convenants
Finally, Articles 34-44 deal with the provisions, administrations and the duties of
the concerned member countries.

4.5 UN DECLARATION ON THE RIGHTS OF

INDIGENOUS PEOPLE
This declaration was adopted by General Assembly Resolution 61/295 on 13th
September, 2007. Guided by the principle of Charter of the United Nations, this
Declaration affirms the equality of the indigenous people along with recognizing
their rights. It also affirms their contribution to the diversity and richness of civilizations
and cultures, which constitute the common heritage of humankind. It also affirms
their freedom from discrimination, which they have been suffering since colonialism,
so as to develop them according to their needs, interests and aspirations. The
resolution also mandates respect and promotion of their inherent socio-political
and economic rights, especially their rights to land, territories and resources. The
Declaration recognizes respect for their knowledge, and cultural and traditional
practices, contributing to sustainable and equitable development and proper
management of the environment. It also emphasizes on the contribution of indigenous
people to peace and socio-economic progress of the world. This Declaration
adopted 46 Articles that emphasize various aspects of the development of
indigenous people (The International Forum on Globalization & Tebteba
Foundation, 2008). Some of the important provisions are grouped under various
themes as follows:
 Right to freedom and absence of discrimination: Articles 1, 2, 5, 7, 15
of the Declaration deal with the right to freedom of the indigenous people in
exercising their socio-political, legal, and economic rights along with their full
participation as citizens of the country.
 Right to Self-determination: Articles 3, 4, 6, 20, 21, 23, and 33, deal with
the ‘right to self-determination’ of the indigenous people in terms of their own
identity, sense of belongingness to any religious faith and traditions.
 Articles 8 & 9 protect them from forced assimilation or integration so as
to protect the culture and promote their right to belonging to any community
or nation.
 Article 10 deals with the protection of indigenous people from forced
displacement.
 Revitalization of history: Articles 11 to 13 give the indigenous people right
to revitalize their cultural history to maintain and protect their cultural past, i.e.
historical sites, religious and cultural sites, artifacts, designs, ceremonies, and
technologies.
 Articles 14 to 17 recommend the protection of the education system including
language of indigenous people. These encourage people to establish media in
their own language so as to reflect the indigenous cultural diversity.
 Articles 18, 34, 35, deal with the right to decision making process of the
indigenous people and to promote, develop, and maintain their institutional
structure, and their distinctive customs, spirituality and traditions. 55
Tribal Policies and  Article 22 deals with the protection of the rights of indigenous women,
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youth, children and person with disabilities.
 Article 24 & 31 protect the knowledge system of the people in the matter
of traditional medical and health practices including the conservation of medicinal
plants and animals as well as manifestation of their own science, technologies
and culture, traditional games and visual and performing arts.
 Articles 25-30 and 32 deal with the right to land or territory of indigenous
people, including their laws, inheritance/ownership, conservation, and
protection of the lands and forest resources, etc.
 Articles 36-38 recommend the role of the State in protecting the rights of
the indigenous people. Similarly, Articles 39 and 40 deal with the right of the
indigenous people to have the right to assistance from the States in finance
and technical matters.
 Finally, Articles 41-46 deal with the roles of the UN systems and other
inter-governmental organizations in ensuring the protection of the rights of
indigenous people.
Thus the resolution of the United Nations pertaining to the Indigenous People
takes a rights-based approach without which the real recognition of their diversity,
and empowerment, seems to be a distant dream.
Check Your Progress II
Note: Use the space provided for your answers.
1) What are some of the recommendations of ILO 107?
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2) What are some features of ILO 169?
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4.6 INDIGENOUS PEOPLE OF ASIA AND INDIA

Indigenous People’ struggle found a space with the UN system in 2000 when the
Permanent Forum on Indigenous issues was established. In this body Indigenous
People and States were equally represented (Erni, 2008, p.13). So far it used to
be the domain of the state governments.
On 13th September 2007, the General Assembly of the United Nations adopted
the Declaration on the Rights of Indigenous People. Except for Bangladesh, all
Asian governments voted for the Declaration. Bangaladesh abstained from voting
(Lasimbang, 2008, p.9).
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The success of the international indigenous movement culminated in the adoption International
Conventions and
of the UN Declaration on the Rights of Indigenous People by the UN General Convenants
Assembly. The Declaration was adopted by majority vote of 144 states. As many
as 11 countries abstained. Only four countries voted against it – the US, Canada,
Australia and New Zealand (Xaxa 2008, pp. 13-14). Until June 6, 2008, when
Japan Parliament voted in favour of recognizing the AINU as the country’s
Indigenous People, only two Asian countries had officially recognized the existence
of Indigenous people within the boundaries: the Philippines and Taiwan (Erni
2008, p.15).
According to Lasimbang indigenous people are subjected to many names or terms
in their own countries. Asian governments have difficulties with the concept of
indigenous people. The workshop on the ‘Concept of Indigenous People’ was
jointly organized by the Asia Indigenous People Pact (AIPP), the International
Workgroup for Indigenous Affairs (AWGIA) and Tebtebba Foundation in March.
The deliberations showed that a definition of indigenous peoples’ was not necessary
and would be counterproductive in view of many positive developments at the
international scene. A definition was not needed in view of the great diversity of
Indigenous People in Asia (Lasimbang, 2008, p.9).
According to Erni (2008, p.13) over the past decades there has been an increasing
presence of indigenous people in international processes and institutions dealing
with issues such as human rights, sustainable development, forest and biodiversity
conservation, international trade or intellectual property rights. The main agenda of
these processes was to ensure the indigenous peoples’ rights to prevent them from
further marginalization or destruction of their livelihoods, cultures and societies
(ibid).
Tribal/Indigenous People in India
Download the original attachment
The term ‘indigenous people’ or ‘indigenous populations’ is used in various senses.
B.K. Roy Burman (2003, p. 8) uses it in three different senses, first, chronological;
second, relational; and third, normative. Indigenous people or populations, in a
chronological sense, means the ‘earliest inhabitants if not autochthones’ (available
at www.krepublishers.com). He further points out that the ILO does not use the
term ‘universally for the same or analogous category of social entities’. In a
relational sense the term ‘indigenous’ means the ‘indigenous and tribal people’
occupying ‘almost without exception in the North and the South a poor and
marginalized position in national societies’. These are the people who until recently
are believed to have ‘lived in isolation and whose traditional way of life is being
slowly torn apart’. Further, ‘in other regions of the globe, their resource base has
been severely eroded and no alternative means of subsistence has been provided’.
It has also been pointed out that in some regions, they may be better off. However,
in general, they still form the ‘lowest social strata’. Hence, Roy Burman uses the
term ‘indigenous people’ in the sense of their ‘isolation, techno-economic
backwardness, distinctiveness from the dominant culture of the country and
marginalisation’ (pp.8-9). In a normative sense the term is used to identify those
people who feel rooted in their surroundings, contain a custodial sense about their
territory and resources, are bound together primarily through moral bindings, and
carry a sense of reciprocity and mutuality reinforced by egalitarian ethos (p. 9).
57
Tribal Policies and Thus, Roy Burman observes, “To me it appears that when ‘indigenous’ is projected
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in a chronological sense it has a power right dimension attached to it; when
projected in relational term it is need-right or justice-right which is invoked.
Projection of the concept of “indigenous” in normative sense on the other hand is
an invocation of companionate value oriented praxis” (p. 9)
The Indigenous People, the original inhabitants, also known as tribals, Adivasis,
moolvasis, aboriginals, hill tribes, ethnic minorities and ethnic nationalities in various
parts of Asia, constitute a considerable number in the Continent. India is inhabited
by 84 million indigenous populations, i.e. 8.2 per cent of the entire population of
the country as per the 2011 census. The presidential order in 1950 provided that
as many as 212 tribal communities in as many as 14 states were declared to be
Scheduled Tribes. As per the Scheduled Tribes Order (Amendment 1976), nearly
300 tribal communities were listed in the Constitution. The Anthropological Survey
of India under the People of India Project identified as many as 461 tribal
communities in the country (as cited in Xaxa, 2008, p. 226). The term ‘adivasi’
is also in use meaning people living from ancient times or the first settlers. This
goes beyond the communities listed in the Constitution as “Scheduled Tribes”
(ibid).
However, the Government of India does not recognize the term indigenous as
applicable to such people. There was unanimity in locating the situation of the
Indigenous People in India as peculiar because whichever the ruling party, the
position of the Government of India has been the same, i.e. ‘Indigenous People
do not exist in India’. It was also pointed out that interestingly the Indian
Government signed all documents pertaining to Indigenous People in international
arena generously, but refused recognition to them within India. The position of the
Indian Government has been, ‘All in India are indigenous’.
The Government of India enlists them as the ‘Scheduled Tribes’ (STs) as per the
notification by the President of India under Article 342 of the Constitution of India,
which was first issued in 1950. The main characteristics considered for notification
were primitive traits, distinctive culture, shyness with the public at large, geographical
isolation and socio-economic backwardness. In the Report of Commissioner for
Scheduled Castes and Scheduled Tribes (1952) the following eight common features
were mentioned: first, they live away from the civilized world in inaccessible areas
– forests and hills; second, they belong to one of three stocks– Negrito, Australoids
or Mongoloids; third, they speak the same dialect; fourth, primitive religion
“animism”, worship of ghosts and spirits; fifth, primitive occupations: hunting,
gathering of forest produce, shifting cultivation; sixth, largely carnivorous or meat
eaters; seventh, primitive in dress and clothing; and eighth, nomadic habits and
love for drink and dance. A total of 75 groups in the country are identified as
Primitive Tribal Groups (PTGs) as they are more backward than the other groups
with pre-agricultural stage of economy, very low level of literacy, and their numbers
stagnant or declining.
It is indeed ironical that despite diversity and distinctiveness among different
communities of the indigenous people in India, there is one thing in common, i.e.
their underdevelopment. They still live in backwardness in terms of low literacy,
high mortality, poor health and hygiene, malnutrition, indebtedness, lack of basic
amenities of life, human rights violations, and so on. In order to address their
problems a new Ministry of Tribal Affairs was created in October 1999 and, in
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2003 a separate National Commission was set up for the Scheduled Tribes (94th International
Conventions and
amendment) by bifurcating the National Commission for Schedule Castes and Convenants
Scheduled Tribes.
Situation of Indigenous People in India
Despite the fact that India has substantial constitutional provisions for safeguarding
the interests of indigenous people, many legislations take away what has been
given in their favour. The Government of India claims to have allocated significant
amount of resources for tribal development, but the impact has been rather limited.
The approach adopted has been more welfare oriented, and there has been less
empowerment. The Acts on land acquisition, forests, environment, mining, industry,
etc., have proven that under the garb of ‘national interest’ it is always the indigenous
people who primarily have to make the supreme sacrifice. The indigenous people
are even deprived of social and political constellation in the State. The States have
assumed the ancestral and customary rights over natural resources (land, water,
forest); value and meaning system; ideology, knowledge and traditions; and over
economic and political rights of the indigenous people. Economic policies are
oriented towards exclusively ‘economic’ ignoring other indicators of development,
such as health, education, human rights, participation in the decision making process,
and so on.
Despite these international conventions and national legislations, indigenous people
continue to be marginalized. The displacement of their communities from their
traditional lands and the militarization of the territories are some of the nightmares
of their powerlessness. Most of the current issues impacting indigenous people in
South and Central Asia stem not from natural disasters, but from processes
associated with globalization, imperialism, and capitalism. There are number of
issues, such as identity and full citizenship, democracy and participation in the
political life of the state and country, development and displacement, ownership of
land and custodianship of the forest and natural resources, education and health,
human security, food security, and the right to sustained and dignified livelihood.
Indigenous people continue to be among the poorest and most excluded and
marginalized– politically, economically, educationally, and socially. There are
exacerbated threats to their lands and resources under the pressure of globalization.
There is increasing evidence of identity related conflicts often rooted in socio-
economic discontent. Addressing indigenous people’ poverty requires a ‘new
development paradigm’. They need policies substantially different from those
currently being applied.
Check Your Progress III
Note: Use the space provided for your answers.
1) Who are the Indigenous People in India?
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Tribal Policies and
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4.7 LET US SUM UP

There are about 300 million indigenous people across more than 70 countries of
which approximately 70 per cent live in Asia. India accounts for about 10 per cent
of 8.6 million indigenous people of the country. The use of the term ‘Indigenous
People’ for certain groups of people has been controversial. The focus on Indigenous
People can be traced back to 1960s. The process of decolonization led to renewed
emphasis on peoples’ right to self-determination creating a larger political space
in which new groups could begin to assert claims, marginalization of indigenous
groups in the ‘new’ political mainstream. The ILO Conventions 107 of 1957 and
169 of 1989 have provisions for preservation, protection, and promotion of the
Indigenous Populations. The year 1993 was declared as the first International Year
of Indigenous People. In 1993 the UN World Conference on Human Rights in
Vienna recommended the declaration of a Decade of Indigenous People 1995-
2004. Again, 2005-2015 was declared as the second International Decade of the
World’s Indigenous People.

4.8 FURTHER READINGS AND REFERENCES

1. Behura, N.K. (2002). ILO Convention: indigenous and tribal people—An
Analysis. In R. N. Pati & J. Dash (Eds.), Tribal and Indigenous People of
India: Problems and Prospect. New Delhi: APH Publishing Co., 29-38.
2. C107 Indigenous and Tribal Populations Convention, 1957. Retrieved August
18, 2009 from http://www.ilo.org/ilolex/cgi-lex/convde.pl?C107).
3. Convention No. 169 concerning Indigenous and Tribal People in Independent
Countries, Adopted on 27 June 1989 by the General Conference of the
International Labour Organisation at its seventy-sixth session. Retrieved August
18, 2009 from http://www.ilo.org/ilolex/cgi-lex/convde.pl?C169
4. Erni, C. (2008), (Ed.). The Concept of Indigenous People in Asia. In The
Concept of Indigenous People in Asia, A Resource Book. (pp. 13-25).
Copenhagen/Chiang Mai: IWGIA & AIPP.
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