The ‘evolving’ definition of Indigenous Peoples

It was on the occasion of a recent courtesy visit of some IP rights activists including Indigenous Peoples Rights Monitor representative Atty Mary Ann Bayang, to the Philippine Embassy in Geneva, Switzerland when Ambassador Erlinda Basilio told the group that “all Filipinos are Indigenous Peoples.”

The diplomat’s statement comes as an encompassing and limited view on how she sees Indigenous Peoples. Her view tells that all Filipinos are the first settlers of a given territory. This means even migrant Filipinos are IPs and they also have ancestral lands. The Ambassador’s statement tells that all Filipinos preserved their culture at the face of a colonizing force. It tells that all Filipinos have a historical continuity with pre-invasion and pre-colonial societies that developed on their territories.

True? Of course, as anthropology and history tells, the Ambassador’s statement is technically erroneous.

The Philippine Ambassador’s statement likewise finds similarity in the Bangladesh delegate’s statement to an earlier UN Assembly meeting.

The position of the Bangladesh government delegation at the UN Working Group on the Draft Declaration of Indigenous Peoples (WGPD) in 2006, says, “The government of Bangladesh supports the Draft in its present form. However it will not be applicable in Bangladesh as there are no indigenous peoples in the country” (The Independent, November 24, 2006).

The recent UN position of Bangladesh government abstaining from the UN Declaration on Indigenous Peoples Rights aligns its earlier position to the Bangladesh government’s report submitted to the UN Committee on Elimination of Racial Discrimination in May 2000 which categorically denied the distinct identity of Indigenous Peoples. The report reads:

“Bangladesh’s geographical location and history have made it a home to people of diverse origins, races, colors, and descent. The assimilative character of Bengal civilization combined with the intermingling of inhabitants has resulted in a composite society which has racially and culturally turned into a melting pot over the millennia.”

Lest we go turning a blind eye that there are no Indigenous Peoples, it would be good to refer to some descriptions of who IPs are.

Anthropological usage of the term “indigenous” refers to the early or even first settlers of a given territory. This usage corresponds to usage in international human rights law.

United Nations Special Rapporteur to the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Indigenous communities, referred to:

“Indigenous peoples are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of 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.”

The World Council of Indigenous People, 1993 came up with this definition:

“Indigenous People are such population groups as we are, who from old-age times have inhabited the lands where we live, who are aware of having a character of our own, with social traditions and means of expressions that are linked to the country inherited from our ancestors, with a language of our own and having certain essential and unique characteristics which confer upon us the strong conviction of belonging to a people, who have an identity in ourselves and should be thus regarded by others.”

Indigenous peoples are the descendants - according to a common definition - of those who inhabited a country or a geographical region at the time when people of different cultures or ethnic origins arrived. The new arrivals later became dominant through conquest, occupation, settlement or other means.

Further descriptions of indigenous peoples say that Indigenous Peoples inhabited a land before it was conquered by colonial societies and who consider themselves distinct from the societies currently governing those territories.

They (Indigenous Peoples) have a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of societies now prevailing in those territories, or parts of them.

Further universal descriptions of Indigenous Peoples say, they, the IPs are very diverse. They live in nearly all the countries on all the continents of the world and form a spectrum of humanity, ranging from traditional hunter-gatherers and subsistence farmers to legal scholars.
In its Operational Directive 4.20, the World Bank views that no single definition can capture the diversity of Indigenous Peoples. However identifying few characteristics, World Bank tries to single out Indigenous Peoples as having: a close attachment to ancestral territories and to the natural resources on these areas; self identification by others as members of a distinct cultural group and indigenous language, often different from the national language; presence of customary social and political institutions; and having primarily subsistence –oriented production.

International Labor Organization (ILO) Convention 107 of 1957 defined indigenous or tribal or semi tribal populations in independent countries. According to this definition, “indigenous tribal, or semi-tribal population of a special category who inhabit in a particular region and have specific historical experiences.”

This definition describes the distinct cultural identifies and geographical concentration of the Indigenous Peoples from the rest of the society and they have special relationship with the land which they live in and with the environment surrounding therein.

Yet, with all these descriptive definitions, there seems to be no standard definition of who an Indigenous Person is.

The United Nations Permanent Forum on Indigenous Issues (UNPFII) says, “there does not seem to be one definitive definition of indigenous people, but generally indigenous people are those that have historically belonged to a particular region or country, before its colonization or transformation into a nation state, and may have different—often unique—cultural, linguistic, traditional, and other characteristics to those of the dominant culture of that region or state.”

Considering the diversity of indigenous peoples though, an official definition of "indigenous" has not been adopted by any United Nations-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; and historical continuity with pre-colonial and/or pre-settler societies.

Source: Discourses on Policy Perspectives on Land Rights and Adibashis of the Plains of northwest Bangladesh, by Gina Dizon, Published by VSOB, 2008