Post one paragraph in which you define indigenous peoples based on your current understanding. In a second paragraph, examine the potential problems in defining indig

FACTSHEET

Who are indigenous peoples?

It is estimated that there are more than 370 million indigenous people spread across 70 countries worldwide. Practicing unique traditions, they retain social, cultural, economic and political characteristics that are distinct from those of the dominant societies in which they live. Spread across the world from the Arctic to the South Pacific, they 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. Among the indigenous peoples are those of the Americas (for example, the Lakota in the USA, the Mayas in Guatemala or the Aymaras in Bolivia), the Inuit and Aleutians of the circumpolar region, the Saami of northern Europe, the Aborigines and Torres Strait Islanders of Australia and the Maori of New Zealand. These and most other indigenous peoples have retained distinct characteristics which are clearly different from those of other segments of the national populations. 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. A question of identity

• According to the UN the most fruitful approach is to identify, rather than define indigenous peoples. This is based on the fundamental criterion of self-identification as underlined in a number of human rights documents.

• The term “indigenous” has prevailed as a generic term for many years. In some countries, there may be preference for other terms including tribes, first peoples/nations, aboriginals, ethnic groups, adivasi, janajati. Occupational and geographical terms like hunter-gatherers, nomads, peasants, hill people, etc., also exist and for all practical purposes can be used interchangeably with “indigenous peoples”.

• In many cases, the notion of being termed “indigenous” has negative connotations and some people may

choose not to reveal or define their origin. Others must respect such choices, while at the same time working against the discrimination of indigenous peoples.

Culture and Knowledge Indigenous peoples are the holders of unique languages, knowledge systems and beliefs and possess invaluable knowledge of practices for the sustainable management of natural resources. They have a special relation to and use of their traditional land. Their ancestral land has a fundamental importance for their collective physical and cultural survival as peoples. Indigenous peoples hold their own diverse concepts of development, based on their traditional values, visions, needs and priorities. Political participation Indigenous peoples often have much in common with other neglected segments of societies, i.e. lack of political representation and participation, economic marginalization and poverty, lack of access to social services and discrimination. Despite their cultural differences, the diverse indigenous peoples share common problems also related to the protection of their rights. They strive for recognition of their identities, their ways of life and their right to traditional lands, territories and natural resources. For media enquiries or interviews on these issues, please contact: Oisika Chakrabarti, Department of Public Information, tel: 212.963.8264, e-mail: [email protected] For Secretariat of the Permanent Forum, please contact: Mirian Masaquiza, Secretariat of the Permanent Forum on Indigenous Issues, tel: 917.367.6006, e-mail: [email protected]

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on IndIgenous Resource Kit

PeoPles’ Issues

United Nations New York, 2008

Prepared by the Secretariat of the United Nations Permanent Forum on Indigenous Issues/DSPD/DESA

in cooperation with the International

Labour Organization, the United Nations

Children’s Fund, the United Nations

Development Programme, the United Nations

Population Fund and the Secretariat

of the Convention on Biological Diversity

Department of Economic and Social Affairs

asdf

DESA The Department of Economic and Social Affairs of the United Nations Secretariat is a vital inter- face between global policies in the economic, social and environmental spheres and national action. The Department works in three main interlinked areas: (i) it compiles, generates and analyses a wide range of economic, social and environmental data and information on which States Members of the United Nations draw to review common problems and take stock of policy options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies on joint courses of action to address ongoing or emerging global challenges; and (iii) it advises interested Governments on the ways and means of translating policy frameworks developed in United Nations conferences and summits into programmes at the country level and, through technical assistance, helps build national capacities.

Note

The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concern- ing the delimitation of its frontiers or boundaries. The term “country” as used in the text of this publication also refers, as appropriate, to territories or areas. The designations “developed” and “developing” countries or areas and “more developed”, “less developed” and “least developed” regions are intended for statistical convenience and do not necessarily express a judgement about the stage reached by a particular country or area in the development process.

United Nations publication

Copyright © United Nations, 2008 All rights reserved

iii

Table of contents

Page

Acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v List of acronyms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii

Introduction: background and objectives of the Resource Kit Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 UNPFII initiatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Why a Resource Kit for UN country teams? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 The objectives of the Resource Kit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 How to use this Resource Kit? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Identifying indigenous peoples Who are indigenous peoples? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 How to identify indigenous peoples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Indigenous peoples and the development context . . . . . . . . . . . . . . . . . . . . . . . . . 10

Key elements regarding indigenous peoples and development Indigenous peoples’ lands, territories and natural resources . . . . . . . . . . . . . . . . . . 13 Participation and free, prior and informed consent . . . . . . . . . . . . . . . . . . . . . . . . 16 Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Free, prior and informed consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Disaggregated data and relevant indicators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Data collection and disaggregation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Relevant indicators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Making the millennium development goals relevant to indigenous peoples International responses to indigenous peoples’ challenges . . . . . . . . . . . . . . . . . . . 23 Regional processes in addressing indigenous issues . . . . . . . . . . . . . . . . . . . . . . . . 26 Implications of engaging indigenous peoples at the country level . . . . . . . . . . . . . 28 Ensuring participation and inclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Ensuring organizational representation and partnership . . . . . . . . . . . . . . . 29 Enhancing the capacity of indigenous peoples . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Developing a strategy for the participation of indigenous peoples

in MDG processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Mainstreaming indigenous issues at the country level . . . . . . . . . . . . . . . . . . . . . . 34

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

More information International agreements and legal framework . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Human rights treaty bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 International declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Other global legal frameworks (ILO, UNESCO and CBD) . . . . . . . . . . . . 43

iv Resource Kit on Indigenous Peoples’ Issues

Page

International Labour Organization (ILO) . . . . . . . . . . . . . . . . . . . . . . 43 United Nations Educational, Scientific and Cultural Organization

(UNESCO) conventions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Convention on Biological Diversity (CBD) (1992) . . . . . . . . . . . . . . . 44 UN conferences and summits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 International mechanisms specifically targeting indigenous peoples . . . . . . . . . . . 46 United Nations Permanent Forum on Indigenous Issues . . . . . . . . . . . . . . . 46 Working Group on Indigenous Populations (WGIP) . . . . . . . . . . . . . . . . . . 46 Special Rapporteur on the situation of human rights and fundamental

freedoms of indigenous people . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Expert mechanism on the rights of indigenous peoples . . . . . . . . . . . . . . . . 48 Second International Decade of the World’s Indigenous People . . . . . . . . . . 48 Regional bodies and indigenous rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Organization of American States (OAS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 The African Commission on Human and Peoples’ Rights (ACHPR) . . . . . 49 Donor policies and experiences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Special issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Identifying indigenous peoples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Land and natural resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Poverty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Women and children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Education, sciences and culture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 MDGs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Data and indicators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Manuals and guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 List of references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

v

Acknowledgement This Resource Kit is based on a re-adaptation of the Tool Kit: Best Practices for Including Indigenous Peoples in Sector Programme Support1 prepared by Danida (Danish Develop- ment Assistance Agency), and draws inspiration from the Resource Guide for Gender Theme Groups2 developed by the Task Force on Gender Mainstreaming of the Inter- Agency Network on Women and Gender Equality (IANWGE) . The Danida document analyses and explores the limitations of, and opportunities for, promoting indigenous rights through sector programmes, while the Resource Guide focuses on the main- streaming of gender equality and women’s rights in the CCA/UNDAF exercises .3

With the permission of Danida, and in cooperation with the ILO (International Labour Organization); SCBD (Secretariat of the Convention on Biological Diversity); UNDP (United Nations Development Programme), in particular UNDP Regional Indigenous Peoples’ Programme in Asia; UNICEF (United Nations Children’s Fund); members of the IASG (Inter-Agency Support Group on Indigenous Issues), this Resource Kit has been re-tailored for use by the UNCTs (United Nations Country Teams) . In addition, the UNCT Philippines provided valuable feedback during the workshop held in Manila in March 2007 to test the draft Resource Kit .

The SPFII (Secretariat of the Permanent Forum on Indigenous Issues) would like to thank Danida for allowing the tool kit to be adapted, the UN Gender Thematic Group for its inspiring work, the focal points of the above-mentioned agencies and the UNCT Philippines for their valuable comments and contributions to this Kit, as well as UNICEF for its financial support in finalizing it .

1 Danish Ministry of Foreign Affairs—Danida (2005) . Tool Kit: Best Practices for Including Indigenous Peoples in Sector Programme Support . Copenhagen: Danish Ministry of Foreign Affairs—Danida . http://danida .tboghandel . dk/publ .asp?page=publ& objno=250002845 .

2 IANWGE (2003) . Resource Guide for Gender Theme Groups . Can be downloaded from: http://www .un .org/ womenwatch/ianwge/ taskforces/tfccundat2005 .htm .

3 Common Country Assessment (CCA) and United Nations Development Assistance Framework (UNDAF) .

vii

List of acronyms

ACHPR African Commission on Human and Peoples’ Rights ADB Asian Development Bank AIPP Asia Indigenous Peoples Pact BP Bank Procedures CAT Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment CBD Convention on Biological Diversity CCA Common Country Assessment CEACR Committee of Experts on the Application of Conventions and

Recommendations (ILO) CEDAW Convention on the Elimination of All Forms of Discrimination

against Women CERD Committee on the Elimination of Racial Discrimination CESCR Committee on Economic, Social and Cultural Rights CHR Commission on Human Rights CMW Committee on Migrant Workers COP Conference of the Parties CRC Convention on the Rights of the Child Danida Danish Development Assistance Agency ECLAC Economic Commission for Latin America and the Caribbean ECOSOC UN Economic and Social Council EFA Education for All FPIC Free, prior and informed consent GTZ Deutsche Gesellschaft für Technische Zusammenarbeit (German

federal agency for international cooperation) IANWGE Inter-Agency Network on Women and Gender Equality IASG Inter-Agency Support Group on Indigenous Issues ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of All Forms of

Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights ICPD International Conference on Population and Development ICRMW International Convention on the Protection of the Rights of All

Migrant Workers and Members of Their Families IDB Inter-American Development Bank IFAD International Fund for Agricultural Development IIFB International Indigenous Forum on Biodiversity ILO International Labour Organization IMF International Monetary Fund INDISCO Inter-Regional Programme to Support Self-Reliance of Indigenous

and Tribal Communities through Co-operatives and Self-Help IPEC International Programme on the Elimination of Child Labour

viii Resource Kit on Indigenous Peoples’ Issues

IUCN International Union for the Conservation of Nature (World Conservation Union)

IWGIA International Work Group for Indigenous Affairs LINKS Local and Indigenous Knowledge System in a Global Society MDG Millennium Development Goal NGO Non-governmental organization NORAD Norwegian Agency for Development Cooperation OAS Organization of American States OHCHR Office of the High Commissioner for Human Rights OM Operational manual OP Operational policy PRO 169 Project to Promote ILO Policy on Indigenous and Tribal Peoples PRSP Poverty Reduction Strategy Paper SCBD Secretariat of the Convention on Biological Diversity SPFII Secretariat of the UN Permanent Forum on Indigenous Issues TFIW UN Task Force on Indigenous Women UN United Nations UNCED United Nations Conference on Environment and Development UNCT United Nations Country Team UNDAF United Nations Development Assistance Framework UNDG United Nations Development Group UNDP United Nations Development Programme UNESCO United Nations Educational, Scientific and Cultural Organization UNHRP The United Nations Housing Rights Programme UNICEF United Nations Children’s Fund UNPFII United Nations Permanent Forum on Indigenous Issues WB World Bank WGIP Working Group on Indigenous Populations WGRI Working Group on the Review of Implementation (CBD) WHO World Health Organization WIPO World Intellectual Property Organization WSIS The World Summit on the Information Society WSSD World Summit on Sustainable Development

1

Introduction: background and objectives of the Resource Kit

This Kit focuses on development and indigenous peoples, with emphasis on their full and effective participation in all development processes and the need for a genuine partnership in—and ownership with them—of these processes . More specifically, it is designed to provide UNCTs (United Nations Country Teams) with guidance as to how to engage indigenous peoples and include their perspectives in development processes, including monitoring and reporting processes related to the CCA/UNDAF, Poverty Reduction Strategy Papers (PRSP), UNDP’s Human Development Reports and Millen- nium Development Goals (MDGs) .

Background The Resource Kit should be seen as one of many contributions to the wide-ranging reform programme initiated in 1997 by Secretary-General Kofi Annan and aimed at making the United Nations a more effective institution in terms of facing the challenges of the twenty-first century .

This reform programme, which included the UN system’s development agenda in general and the MDG and PRSP processes in particular, stressed the need to strengthen the inter-linkages between peace and security, poverty reduction and sustainable human development and promotion of and respect for human rights . In response to the Secretary-General’s call to articulate a coherent vision and strategy for united approaches towards internationally agreed development goals and the Mil- lennium Development Goals at the national level, the United Nations Development Group (UNDG) was formed in 1997 and the CCA (Country Common Assessment) and UNDAF (United Nations Development Assistance Framework) framework was adopted as a strategy planning tool for the UN system . Together, these initiatives were designed to enhance the United Nations’ collective analysis and programming in sup- port of national goals and priorities in various development processes .

At the same time, a growing awareness and recognition among Governments, the UN system and other development actors of the importance of engaging indigenous peoples in a human rights–based approach to development led to a resolution by the Economic and Social Council in 2000 to establish the United Nations Permanent Forum on Indigenous Issues (UNPFII) .4 The mandate of the UNPFII includes, inter alia, “discuss[ing] indigenous issues within the ECOSOC’s mandate, including eco- nomic and social development, culture, environment, education, health and human rights; [and providing] expert advice and recommendations to the Council and to programmes, funds and agencies of the UN” . In 2002, an inter-agency mechanism— the IASG (Inter-Agency Support Group)5—was established to support and promote the mandate of the UN Permanent Forum on Indigenous Issues within the United Nations system .

4 ECOSOC resolution 2000/22 on the establishment of a Permanent Forum on Indig- enous Issues .

5 The IASG is composed of 32 UN entities and other institu- tions including the Inter- American Development Bank, the European Commission, the Fondo Indígena and the Commonwealth Secretariat . Its chair rotates among agencies annually, it meets formally in an annual session and the chairing organization takes the initiative, in consultation with the members, to select a theme .

2 Resource Kit on Indigenous Peoples’ Issues

UNPFII initiatives In its efforts to address development challenges specific to indigenous peoples, the UNPFII—seconded by the IASG—has taken a number of initiatives . These initiatives have been aimed at promoting the integration of indigenous perspectives into the MDG and PRSP processes, as well as including indigenous peoples in the guidelines used by the UN agencies . Over the years, the UNPFII has made substantive recommendations to Governments, the UN system and indigenous peoples concerning the MDGs within its mandated areas of culture, education, health, environment, human rights and social and economic development . In the area “Indigenous women and gender”, the third ses- sion (2004) of the UNPFII focused on indigenous women . One of the outcomes of this session was the establishment of the Task Force of Indigenous Women (TFIW) .6 The TFIW was formed with the purpose to integrate and strengthen gender mainstreaming as regards indigenous women’s roles and the special concerns of indigenous women as an emerging key issue in the work of the United Nations system .

In 2005 and 2006, the Forum chose the special theme of “the Millennium Devel- opment Goals and indigenous peoples: redefining the Goals” for its fourth and fifth sessions . It also held various expert group meetings on the MDGs and, in 2005, the IASG prepared a technical paper for the fourth UNPFII session .7

6 See: http://www .un .org/ womenwatch/ianwge/ taskforces/tfIndigenous Women2005 .

7 IASG (2005) . Technical paper on the MDGs . UN Doc E/C .19/2005/2 .

The United Nations Permanent Forum on Indigenous Issues (UNPFII)

The UNPFII is an advisory body established by Economic and Social Council (ECOSOC) resolution 2000/22 and reporting to ECOSOC. The mandate of the Forum is:

To discuss indigenous issues within ECOSOC’s mandate, including economic and • social development, culture, environment, education, health and human rights, and make recommendations to the UN system;

To raise awareness about indigenous issues; •

To integrate and coordinate activities on indigenous issues in the UN system; • and,

To produce materials on indigenous issues. •

The Forum is composed of 16 members, eight (8) nominated by Governments and eight (8) by indigenous peoples. It holds its annual 10-day session in May, which is attended by governments, indigenous representatives, UN agencies, funds, programmes and other inter-governmental organizations. A number of side events also take place dur- ing the session. For further information on the UNPFII, please visit: http://www.un.org/ esa/socdev/unpfii/

The IASG technical paper on MDGs (2005)

The IASG technical paper points out that: “ … indigenous peoples were not formally involved in the formulation of the Goals and until now they have been largely absent from developing MDG strategies and indicators as well as from the monitoring and reporting process”. “… this omission may lead to the exclusion of indigenous peoples from sharing the benefits of the MDGs and may in fact adversely impact their communities by deepening the discrimination faced by indigenous peoples and accelerating the exploitative use of their land and resources in the name of progress and economic development.”

Introduction: background and objectives of the Resource Kit 3

In an effort to assist the UNPFII in assessing the current situation with regard to including indigenous perspectives in the development and achievement of the MDGs, four reviews have been conducted for the Secretariat of the Permanent Forum (SPFII) in addition to others separately undertaken by the ILO and the Office of the High Commissioner for Human Rights (OHCHR) .8 The findings of these reviews indicated that indigenous issues were not being adequately addressed or taken into account in the MDG and CCA/UNDAF processes . These reviews also pointed out gaps in the imple- mentation of relevant UNPFII recommendations, institutional policies and the UNDG Guidelines with regard to including indigenous perspectives in the United Nations system’s development work at the country level . In addition, UNDP’s 2004 Human Development Report indicated that public spending on basic social services in many countries “systematically discriminates against minorities and indigenou

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