Definitions of Indigenous peoples

Syllabus Topic

Option 4: Indigenous peoples

Nature of the law and indigenous peoples

• definition of 'indigenous peoples'

Introduction

The concept of indigenous peoples is deeply rooted in both history and contemporary discourse on legal studies. Defined by their unique cultural, historical, and ancestral ties to specific lands, indigenous peoples worldwide have distinct identities and legal statuses that distinguish them within national and international frameworks. For legal studies students, understanding the definition of indigenous peoples is fundamental to exploring the complexities of indigenous rights, sovereignty, and the legal protections designed to safeguard their cultural heritage and traditional practices.

UN Permanent Forum on Indigenous Issues

The UN Permanent Forum on Indigenous Issues defines indigenous peoples as those who inhabited a country or geographical region prior to the arrival of people from different cultures or ethnic origins. This definition underscores their historical connection to specific lands and their distinct cultural identities.

Furthermore, the UN identifies several characteristics that define indigenous peoples globally. These include the preservation of unique languages, knowledge systems, and beliefs that are integral to their cultural heritage. Indigenous communities also possess invaluable traditional knowledge for sustainable management of natural resources, reflecting their deep understanding of environmental stewardship.

Additionally, indigenous peoples maintain a special relationship with and use of their traditional lands, which are essential for their collective physical and cultural survival. These lands hold fundamental importance in maintaining their identity, cultural practices, and overall well-being as distinct peoples within broader national and international contexts.

A contemporary understanding of this term within the UN framework is characterized by several key points:

• Self-identification of indigenous peoples at the individual level and recognition by their community.
• Historical continuity with pre-colonial and/or pre-settler societies.
• Strong connection to specific territories and the natural resources therein.
• Distinct social, economic, or political systems that differ from dominant societies.
• Preservation of distinct languages, cultures, and beliefs.
• Recognition as non-dominant groups within their respective societies.
• Commitment to maintaining and revitalizing their ancestral environments and systems as distinctive peoples and communities.

The Martinez Cobo Study [1981]

Jose R. Martinez Cobo's seminal study, "The Problem of Discrimination against Indigenous Populations" [1981], commonly referred to as the Martinez Cobo Study, introduced a foundational understanding of "indigenous communities, peoples, and nations." This study emphasized the importance of self-identification and community acceptance in defining indigenous groups. Martinez Cobo highlighted several defining characteristics: first, the historical continuity of indigenous communities with their pre-invasion and pre-colonial societies, which evolved on their ancestral territories. Second, indigenous peoples view themselves as distinct from the dominant sectors of societies now prevalent in those territories. Third, they are committed to preserving, developing, and transmitting their ancestral territories and ethnic identities to future generations, guided by their own cultural patterns, social institutions, and legal systems. These criteria underscore the unique and complex nature of indigenous identities and their ongoing struggles for recognition and rights within national and international legal frameworks.

In Australia

In Australian law, there is no singular criterion to definitively identify someone as an Indigenous person.

The current Australian government's definition of Indigenous Australians encompasses the following: individuals must be of Aboriginal or Torres Strait Islander descent, self-identify as being of Aboriginal or Torres Strait Islander origin, and be recognized as such within the communities where they reside or have resided. This multifaceted definition acknowledges the diverse ways in which individuals connect with and are recognized within their Indigenous heritage, reflecting the complex cultural and social dynamics of Indigenous identity in Australia.

SOURCES

Agreements Treaties and Negotiated Settlements: Understanding Sovereignty

UN Permanent Forum on Indigenous Issues: Indigenous Peoples factsheet

UN: Martinez Cobo Study

Parliament of Australia: The definition of Aboriginality