INTERNATIONAL INSTRUMENTS ON INDIGENOUS PEOPLE'S AND FORESTS

World over International laws are being used to construct and frame local laws.    This section provides an idea of the international conventions and declarations applicable to Indigenous people.

1.. International Conventions  applicable to Indigenous people.
    - Universal Declaration of Human Rights.
    - International Covenant on Civil and Political Rights.
    - Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations.
    - Indigenous and Tribal Peoples in Independent Countries.
    - Draft Declaration on the Rights of Indigenous Peoples.

2.. FAQ on international law and indigenous people
3.. World Bank and indigenous people
4.. UN Permanent forum on indigenous issues
5.. Internationally electrifying judgment on rights of Indigenous people.

International Conventions and Declarations:

The international community has shown increasing concern for the protection of the rights of indigenous peoples. Conventions and declarations of the international community provide a broad framework, as well as specific statements regarding the protection of indigenous peoples and their interests, cultures, ways of life, cultural survival, and development. It may be noted that some international instruments relating to indigenous peoples have not been ratified by large numbers of the international community.

The United Nations Universal Declaration of Human Rights (1948) and International Covenant on Civil and Political Rights (1966) have specific significance for indigenous peoples. The Universal Declaration provides a common standard for the human rights of all peoples and all nations, and proclaims the importance of traditional, political, and civil rights, as well as basic economic social and cultural rights. The Covenant spells out civil and political rights and guiding principles based on the Universal Declaration.

The 1957 International Labour Organisation (ILO) Convention No. 107, Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries, addresses the right of indigenous peoples to pursue material well-being and spiritual development, and was a first international instrument in specific support of indigenous peoples. Largely because of its view that indigenous peoples should be integrated into the larger society, a view that subsequently came to be seen by many as inappropriate, Convention No. 107 was followed in 1989 by ILO Convention 169, Convention Concerning Indigenous and Tribal Peoples in Independent Countries.

Convention No. 169 presents the fundamental concept that the way of life of indigenous and tribal peoples should and will survive, as well as the view that indigenous and tribal peoples and their traditional organizations should be closely involved in the planning and implementation of development projects that affect them. As the most comprehensive and most current international legal instrument to address issues vital to indigenous and tribal peoples, Convention No. 169 includes articles that deal with consultation and participation, social security and health, human development, and the environment. To date, Convention No. 169 has been ratified by only a few countries, and so far by none in the Asian and Pacific Region. India has signed convention 107 but not 169.

Agenda 21 adopted by the UN Conference on Environment and Development (Earth Summit) in 1992 recognizes the actual and potential contribution of indigenous and tribal peoples to sustainable development. The 1992 Convention on Biodiversity calls on contracting parties to respect traditional indigenous knowledge with regard to the preservation of biodiversity and its sustainable use. The Vienna Declaration and Programme of Action emerging from the 1993 World Conference on Human Rights recognizes the dignity and unique cultural contributions of indigenous peoples, and strongly reaffirms the commitment of the international community to the economic, social, and cultural well-being of indigenous peoples and their enjoyment of the fruits of sustainable development.

The United Nation's 1993 Draft Declaration on the Rights of Indigenous Peoples, developed with the direct participation of indigenous peoples representatives and currently under consideration within the United Nations, addresses issues such as the right to participation, the right of indigenous peoples to direct their own development, the right of indigenous peoples to determine and develop priorities and strategies for the development or use of ancestral territories and resources, and the right to self-determination. The emerging concern for indigenous peoples prompted the United Nations to declare 1993 as the International Year of the World's Indigenous Peoples and the decade from December 1994 as the Indigenous Peoples Decade.

Source: 2005 Asian Development Bank www.adb.org

FAQ on international law and indigenous people .. click here.
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World Bank and Indigenous people

The World Bank's policy towards indigenous peoples dates back to 1982 and was designed initially to consider the needs of relatively isolated and unacculturated tribal groups affected by development projects. It focused mainly on the protection of land rights and the provision of health services.

In 1991, the World Bank issued a revised policy (OD 4.20) which extends the definition of indigenous peoples to include a much wider array of peoples who maintain social and cultural identities distinct from those of the national societies where they live, who have close attachments to their ancestral lands, and who are often susceptible to being disadvantaged in the development process.

This policy is currently applicable to all Bank-financed projects identified as affecting indigenous peoples. While maintaining the protective measures of the earlier policy, OD 4.20 focuses particular attention on the rights of indigenous peoples to participate in and benefit from development projects. Special procedures are outlined in the policy for incorporating indigenous peoples concerns into Bank-financed projects through the design of Indigenous Peoples Development Plans.

Since OD 4.20 became effective, more than 150 Bank-financed projects worldwide have been identified as affecting indigenous peoples, many of which have Indigenous Peoples Development Plans or strategies for ensuring that indigenous peoples receive culturally-appropriate benefits. While in the past, many of these investments were in the infrastructure and energy sectors, today an increasing number are in the fields of education, health, community development, agriculture, natural resources management and land tenure security.

The World Bank has been engaged in global consultations regarding the revision of its Indigenous Peoples' Policy OD 4.20.  The Revised Draft Operational Policy on Indigenous Peoples (Revised Draft OP 4.10) has been developed over the last six years, taking into account inputs from numerous consultations with external stakeholders, including Indigenous Peoples leaders, Civil Society Organizations and borrower governments.

The period of public comment on the Revised Draft Policy concluded on February 28, 2005. The Revised Draft Policy, together with a report summarizing the comments, will be forwarded to the Bank's Board of Executive Directors for consideration of its policy content, including the title of the policy. Once approved by the Board, Operational Policy 4.10 will replace the existing Operational Directive 4.20 on Indigenous Peoples.
Source: www.wb.org

UN Permanent forum on indigenous issues :
The Permanent Forum on Indigenous Issues was established by the ECOSOC on 28 July 2000 and it held its first session from 13 to 24 May 2002. The mandate covers economic and social development, culture, the environment, education, health, and human rights as they apply to indigenous peoples. A secretariat was established to assist the Permanent Forum on Indigenous issues in February, 2003.

Website: http://www.un.org/esa/socdev/unpfii/index.html