peoples from their land and natural resources,
they lagged behind in social, economic and
cultural development. The situation is now
gradually changing, with growing literacy levels
and awareness in indigenous communities. The
media is also gradually taking responsibility for
voicing the concerns of civil society.
International law and standards on indigenous
peoples’ rights to lands, territories and resources
are found in a myriad of international, regional
and domestic instruments, decisions and policies.
Today, several international instruments recognize
the strong ties that exist between indigenous
peoples and their ancestral lands.
Indigenous and Tribal Peoples Convention, 1989
(ILO Convention No. 169)
The core concepts of the Indigenous and Tribal
Peoples Convention, 1989 (ILO Convention No.
169) are consultation, participation and selfmanagement. These place a responsibility on
governments to consult indigenous and tribal
peoples and ensure that they fully participate at
all levels of the decision-making processes that
concern them.
ILO Convention No. 169 is a wide-ranging
convention adopted by member states in
Geneva in 1989 and intended to respect,
protect and promote the rights of IPs. Implicit
to it are a number of core principles. First is the
understanding that IP rights are best protected by
their participation at all levels of decision-making
(Article 6). Second, is the principle of exercising
control over development (Article 7).
The ILO Convention (Article 1) sees land as a
fundamental criterion for the self-determination
of indigenous peoples in their respective countries.
Article 1 also indicates that self-identification
as indigenous or tribal shall be regarded as a
fundamental criterion for determining the groups
to which the provisions of this Convention apply.
The Convention safeguards the rights of
indigenous and tribal peoples (Article 2) to
retain their social and cultural identity, customs,
traditions and institutions. Articles 14 and 15 give
special importance to the cultural and spiritual
value attached to their lands or territories and
to safeguard traditional rights of ownership and
land use.
Similarly, Article 13 provides special importance
to “cultures and spiritual values” and “collective
aspects” of the peoples’ relationship to their
lands, and also interprets the term in a wide
manner to include “the total environment of the
areas.”
Articles 13–15, for example, require that the state
recognizes and legally guarantees indigenous
peoples’ rights of ownership and possession of
their traditionally owned lands, territories and
resources and requires that such guarantees
are made effective in fact through demarcation,
titling and the establishment of prompt and
effective remedies through which IPs can assert
and defend these rights in practice.
International Convention on the Elimination
of All Forms of Racial Discrimination
Article 14 of this Convention makes a landmark
provision relating to lands and natural resources:
“The rights of ownership and possession of the
peoples concerned over the lands which they
traditionally occupy shall be recognised. In
addition, measures shall be taken in appropriate
cases to safeguard the right of the peoples
concerned to use lands not exclusively occupied
Lok Niti
75
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