Indigenous Peoples

The specific relation of indigenous peoples to the land and the Earth—or them “The Earth does not belong to man; man belongs to Earth”—underlines the interest that attaches to their cultural and economic environment. Their defence of the land and natural resources is always presented as a struggle for the cultural and human survival of their future generations. Testimonies and studies have highlighted the damage that has been caused to indigenous peoples by development projects which have incorporated reserves of natural resources into national and international economies without the consent and participation of the indigenous peoples who depend on these resources, and without paying attention to the adverse consequences of such projects on the rights of such peoples, in particular, to life, health and to a means of subsistence.

The United Nations and its specialised agencies pay particular attention to the relationship between environment, development and the rights of indigenous peoples. These issues were addressed during the Rio Earth Summit, the Vienna World Conference of Human Rights and the 1993 International Year for the World’s Indigenous People.

ILO (The International Labour Organisation) promulgated Convention No. 107 Concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries. This was revised in 1969 by Convention No. 169 which addresses issues of land rights. The Convention covers a diverse range of issues including special measures to protect the environment; the need for direct participation by indigenous populations in environmental impact studies prior to development schemes in their territories; a recognition of the special importance of land to the culture and spiritual values of indigenous peoples; landownership rights; protection from unlawful relocation; procedures for redress; and the need for penalties for land violations. Regrettably, few governments have ratified the Convention and here is no public information regarding complaints that are lodged within the existing ILO procedures.

The Working Group on Indigenous Populations of the Sub-Commission on Prevention of Discrimination and Protection of Minorities has finalised a Draft Declaration concerning the right of indigenous peoples. This has been transmitted to the 1995 session of the Commission of Human Rights for consideration and adoption by the General Assembly of the United Nations. Its provisions cover the rights of indigenous peoples over their lands, territories, natural resources and cultural heritage. Specific mention is made of the right to the protection and rehabilitation of their environment, as well as to restitution or just and fair compensation. It is stipulated that indigenous peoples shall not be forcibly removed from their lands or territories and have the right to require that States and domestic and transnational corporations consult them and obtain their free and informed consent prior to the commencement of any large scale projects.