with the added stigma of the customary practice
of “untouchability.” Majority of them (90%) live in
rural areas: Tharparkar and Umerkot in Sindh and
Bahawalpur and Rahim Yar Khan in Punjab (Shah,
2007).
There is very little information that brings together
the experience of indigenous communities in
Pakistan and their interaction with the state. The
Kalash have been subject to the most amount of
anthropological study, having evoked the curiosity
of European scholarly work with their claim to
Greek ancestry. There is very little information
available on the beliefs and lifestyle of the fishing
tribes of the Indus Valley, as very few NGOs and
CSOs work with them.
Legal framework related to
indigenous peoples’ land rights
International law
Pakistan is a signatory to the following
international conventions, agreements and
declarations:
• ILO Convention on Indigenous and Tribal
Populations (Convention No. 107) in 1960.
This convention places on the government
the responsibility of providing tribal and
semi-tribal populations with the tools for
development.
• Convention on Biological Diversity (CBD). Its
primary purpose was to ensure the “fair and
equitable sharing of the benefits” that accrue
from using genetic resources (CBD, 2014).
• United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP). Although the
document is not binding as an international
treaty, it reflects the spirit of the minimum
standard which countries should adhere
to when it comes to their indigenous
communities. It consists of the International
“There is very little information
that brings together the
experience
of
indigenous
communities in Pakistan and
their interaction with the state.”
Covenant on Economic, Social and Cultural
Rights ratified by Pakistan in November, 2008
and the International Covenant on Civil and
Political Rights ratified in 2010. The latter
gives every individual freedom of religion,
speech, assembly, as well as the right to life,
due process, fair trial and electoral rights.
The former is a guarantee to such rights as
education, health care, labor rights and the
right to an adequate standard of living.
• Agenda 21 and the Rio Declaration of 1992
also recognize that indigenous peoples should
be given more freedom to manage their land
and resources as well as be involved in the
decision making process of development
projects.
• Article 1 of the International Convention
on Elimination of All Forms of Racial
Discrimination (ICERD) of 1966 states that
“...any distinction, exclusion, restriction or
preference based on race, colour, descent,
or national or ethnic origin which has the
purpose or effect of nullifying or impairing
the recognition, enjoyment or exercise,
on an equal footing, of human rights and
fundamental freedoms in the political,
economic, social, cultural or any other field of
public life.”
• UN Declaration on the Rights of Persons
belonging to National or Ethnic, Religious
and Linguistic Minorities of 1992 which
protects ethnic, cultural, religious or linguistic
Lok Niti
87
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents