INDIGENOUS PEOPLE

The term indigenous people has been defined by United Nations -People who have historical continuity with
pre- invasion and before the development of colonial societies considered themselves separate and distinct
from the other members of the societies who are now prevailing in the territories. Though indigenous people
are diversified but they share similar issues in the society. The most important feature which make indigenous
people different from common people is their own culture ,which is being lost nowadays .Not only this ,they
have to tolerate discrimination and face problems to survive in surrounding societies.

Most of the time, rights of indigenous people are affected in name of economic development .In 2002 an
incident occurred, Botswana government evicted all the Kalahari Bushmen from the lands which they resided
for more than twenty years .The argument given by government was that these Bushmen are described as
people from stone age and they expelled them to cull of elephant. Mostly, industrialist wants to exploit the
land for profit motive or they consider indigenous people to be inferior and they are often considered as
obstacle to their development plans.

Some, people believed that these indigenous people have not been living self sufficiently since centuries and
economic development was never a problem as it was never an option to be utilized. Indigenous people
themselves need and support economic development which has resulted in causing conflict with the groups of
environmentalist, when given the title of land to these indigenous people .Moreover, it is believed that
indigenous people are no more helpful for nature and environment as there are several examples and disasters
like, Easter Island ,North American megafauna ‘s disappearance etc.

“Losing land can mean Losing Lives”

Ten years ago, the Government of Cambodia granted the Thai company 20,000 hectares of sugar cane land.
Six hundred families already lived there, planted rice and vegetables and fed food and other items from the
nearby community forest. Although the land was not vacant but the organization is clearing more than half of
the forest over the next few years. During expulsions, rice fields were plundered and over 300 homes were
demolished or burned. Most people have lost their country and everything they have. Parents sent their children
to Thailand to live, unable to agriculture and school charges. Villagers try to recover such damages by a
collective action lawsuit, but even if successful, the forests lost, homes ripped apart and community life
disrupted are not being remedied much1.

Above situation is common to most of the indigenous people whose survival is dependent on these lands. The
territories, which are important for the livelihoods of these people, are secured to comply with human rights

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Available at https://www.wri.org/blog/2018/05/indigenous-peoples-losing-land-can-mean-losing-lives
international standard as well as social and environmental principles. Indigenous Peoples shouldn’t be evicted
from their land without their free, prior and informed consent. These principles are also enshrined in many
national laws. Yet, given the lack of legal titles for many cultures, governments may see it as empty and grant
it to corporations. The land are often considered idle or underdeveloped by company and others. But in real
scenario the community land represents backbone of real life .There are many losses which are as following-

1. Loss of livelihood- Collective lands are used by societies for farmland, pasture and water. Community
lands provide essential foods such as fish, games etc. If the displaced communities lose access to these
services, they may not have enough room for conventional farming or pasture practices. As a result, food
security has fallen and dependency on water resources have increased . The lack of these services can not
often be substituted for relocation programs. The Mozambican communities, which has been resettled from
a protected area, is typical. The new site did not provide enough space for farming and livestock, and the
members of the community did not get promised work. Rather, they had to pay for the water and food they
had obtained from their land free of charge.

2. Increased risk of conflict-Displacement of communities is putting new pressure on the land and resources
surrounding it, increasing competition and raising conflict risk. This can lead to immediate tensions
between societies or reoccur as an escalating factor in widespread violence, for example in Kenya's
election-related violence of 2008, which has fuelled violence among political parties through disputes over
displacement and land corruption.

3. Loss of Identity-The land is both a place of identification and culture as well as an economic tool for many
communities, particularly Aboriginal Peoples. Displacement disrupts the institutions and practices of
societies and involves the loss of religious and cultural sites. These intangibles are irreplaceable: in Peru,
one mining company has agreed to establish an unusually generous redevelopment town for an indigenous
community, including paved roads. Three years later, though, people complained about a lack of effective
labor and traditional practice.
This figure shows that it is clear that millions of people in India have been displaced and only a few of
them have been rehabilitated by various types of projects. The resettlement and rehabilitation of displaced
people has become one of the most important issues for public authorities and indigenous people.

EMERGING ISSUES:
1. LAND AND TERRITORIAL ISSUES: The property, land and resources rights are fundamental to
the struggles of indigenous peoples worldwide. The ties of indigenous peoples to ancestral lands form
the basis of their ancient wisdom systems and are at the center of cultural, spiritual and social identity.
Such rights need urgently to strengthen the well-being of indigenous peoples, but also to tackle some
of the world's most pressing global problems, including climate change and environmental degradation.
The advancement of collective land, territory and resources rights is also an effective way of protecting
essential ecosystems, waterways and biodiversity.

Rights of these indigenous people to lands, territories and resources have achieved positive
developments. A number of States by legislative / legislation or grant / positive agreements with
indigenous populations and administrative programs, have acknowledged these rights. The communal
indigenous power has been reserved for tracts of land and/or territories in other nations.
Notwithstanding development, a long gap still remains between formally recognized and the
successful implementing the collective rights for indigenous peoples.

2. CONSERVATION–Conservation programmes which have an effect on people’s rights and not

recognize the natural safeguards they preserve in their environment and their ecosystems on the basis
of the concept of excluding human beings (forced evictions and other harms) from the environment
 and natural resources.as well as accept and guarantee the rights of communities under the United
Nations Declaration on the rights of indigenous peoples, mediation between states and indigenous
peoples is urgently needed.
3. AGENDA 2030- It is impossible to achieve the Sustainable Development Goals without the indigenous
people fulfilling their land, territories and services rights. Therefore, the Member States should include,
in Goal 2.3 for free and equal access to land.
4. VIOLATION OF RIGHTS- Indigenous people who are sufferer of violations of their rights to land,
land and resources are very concerned. Their social, economic, political and legal growth, including
discrimination and margnalization, is being threatened exponentially by and obstructed; the absence of
land and natural or production resources; denial or lack of access to justice; cultural rights violations;
negation of rights of recognition, representation and participation; lack of access to basic social services
including rape of victims.
5. AUTONOMY AND SELF DETERMINATION - There is ongoing discussion on the need give special
consideration to indigenous peoples’ experience with autonomy and constructive arrangements in their
expression of self- determination, including through a compilation and dissemination of good practices.
6. COMEPNSATION ISSUE-Compensation is one of the key issues for development projects in India.
The money will be reimbursed for those displaced from their native land. In India, the land acquisition
law 1894 (amended in 1994) provides for compensation. In accordance with this act, most displaced
people, particularly tribal and weaker sections of society, are not eligible for compensation. The
relocation and recovery program for each state is its own. There is no uniform policy on displaced
persons resettlement and rehabilitation in India. That is why the problems of compensation pose the
political leaders and the state government with bigger challenges. There was meagre aid which is given
to the displaced people. Displaced people find it very difficult to buy land for resettlement. Displaced
persons have always faced hurdles in their lives in the absence of land compensation. In development
projects, the affected people obtained land for land compensation, there is hardly any regulation.

RECENT DEVELOPMENTS

1. Green Climate Fund’s Indigenous Peoples Policy- In 2018, the Green Climate Fund (GCF)
adopted a policy on the development and implementation of activities of the GCF to encourage
support, promotion and security of the indigenous population2.

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https://www.greenclimate.fund/documents/20182/574763/GCF_policy__Indigenous_Peoples_Policy.pdf/6af
04791-f88e-4c8a-8115-32315a3e4042
2. IPBES’ approach for working with indigenous and local knowledge- In 2017, the 5th
plenary session of IPBES approved an approach for the workings with local and indigenous
know-how and the creation in the work of IPBES of a mechanism of participation of
indigenous and local communities (i.e. the Local Community and Indigenous Peoples
Platform)3.
3. The Local Communities and Indigenous Peoples’ Platform- The initiative aims to improve local
communities and indigenous communities ' awareness, technology, strategies and actions
related to climate change and to react to it, to promote the exchange of experiences and best
practice and lessons learned on mitigation and adaptation in an integrated and holistic way and
to increase the involvement of local communities in the UNFCCC process.
Functions:

 Knowledge : The forum will promote the sharing of expertise and best practices with regard to
the implementation, enhancement, protection and preservation of traditional knowledge of
indigenous and urban information systems, as well as of the local communities and indigenous
peoples ' technologies, activities and actions relating to addressing and responding to climate
change in a free manner.
 Capacity for engagement : The platform will develop the ability of indigenous and local
populations to participate in the UNFCC process by allowing Parties and other relevant
stakeholders to communicate with the Platform, the local communities and indigenous peoples,
including in the implementation of the Paris Agreement and other processes relating to climate
change.
 Climate change policies: The forum will promote the incorporation, in a way respecting and
supporting the rights and interests of the local authorities or indigenous people with different
information systems, traditions and developments in the design and implementation of
international and national initiatives, programmes, and policies. It should also encourage the
indigenous peoples and local communities to take stronger and more aggressive climate action,
which might help the Parties in question make their national contributions.

4. United Nations Declaration on rights of Indigenous people- The UN Human Rights Council
(the succesor body of the Human Rights Commission) adopted in 2006 a UN declaration on
the rights of indigenous peoples (UNDRIP), followed on 13 September 2007 by an

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https://unfccc.int/topics/local-communities-and-indigenous-peoples-platform/the-big-picture/introduction-
to-lcipp/decisions-conclusions
overwhelming majority vote in the General Assembly of the United Nations. The Declaration
of the United Nations is the first ever made Declaration on the rights of indigenous peoples,
and puts unparalleled focus on collective rights under international human rights law.

Indigenous peoples have right to enjoy all eight human rights and basic liberties, as recognized
in the UN Charter, in the Universal Declaration of the Rights of Man and in international human
rights law, as a whole or as individuals. Indigenous Peoples and persons have the right free and
equal freedom in exercising their rights, in particular based on their ancestral heritage or
gender, and to be free of discrimination of all kinds. Article 8 states Indigenous peoples and
persons are not entitled to be forced to absorb or destroy their cultures4.

(a) any action designed or designed to deprive it of integrity as a different people or of its
cultural values or ethnic identities;

(b) any action designed or designed to dispose of its lands, territories or resources;

(c) any former forced population transfers intended to or for the purpose of; States shall
provide effective mechanisms for preventing and redressing

Indigenous peoples have the right to environmental conservation and protection and to their
territories or resource productive capacity. States shall, without prejudice, set up and enforce
indigenous peoples ' assistance programs for such conservation and protection.

States shall take appropriate measures to ensure that hazardous materials are not processed or
disposed of without the free, prior and informed consent of the lands or territories of the
indigenous peoples.

CONCLUSION

"Land" is much more for indigenous peoples than the place where you plant, farm, harvest or
hunt your food. The culture and knowledge are traditional. If you take us away from our
house, you will destroy our identities, our cultures and our food sovereignty. Wellness is
connected with the region. Only if we are linked to our land can peace and harmony come.

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Available at :
https://www.un.org/development/desa/indigenouspeoples/wpontent/uploads/sites/19/2018/11/UNDRIP_E_
web.pdf
Displacement especially involuntary result in forcibly displacing millions of people from
their ancestral land. Inadequate planning and implementation of various developmental
project often leads to various environmental problems which is turn result in
deteriorating the lives of millions of people. In India, the national policy for relocation and
rehabilitation is not uniform . Notwithstanding the policies for the displaced in the region,
they are not applied correctly. Without proper policy, large numbers of dam projects are
installed. The politicians do not owe the displaced people ample consideration. Monetary
compensation was given and laid alone by displaced people. There is also a need for a policy
and legislation that might incorporate social and work-related land issues.
Appropriate recognition of land rights of indigenous and local people is vital for justice and e
quitability, and traditional land management practice and food systems are a necessary comp
onent of every effort to achieve sustainable development within a living environment.