Identification of indigenous

and tribal peoples

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Definitional issues

• Over 5,000 different peoples, 350 million

human beings, living in more than 70
countries
• No internationally-agreed definition of
indigenous peoples
• A universal definition is not necessary or
desirable
• Regional and national approaches differ
• UNDRIP (Preamble) recognizes the need
to take into account regional and national
particularities

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

ILO Convention No. 169:
Objective criteria for identification

Tribal peoples:

• Distinct social, cultural and economic

conditions

• Status regulated wholly or partially by

their own customs or traditions or by
special laws or regulations

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

ILO Convention No. 169:
Objective criteria for identification

Indigenous peoples:
• Descent from populations which
inhabited the country or region at the
time of conquest, colonisation or
establishment of state boundaries
• Irrespective of their legal status retain
some or all of their own social,
economic, cultural and political
institutions
Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org
ILO Convention No. 169:
Subjective criteria

“Self-identification shall be regarded as a

fundamental criterion for determining the
groups”

– a person is accepted as belonging to a

particular indigenous or tribal people

– a person identifies as belonging to a

particular indigenous or tribal people

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Main conclusions regarding C169

• Inclusive language (indigenous and

tribal peoples)

• Provides guidance for national and

international processes of
identification

• Uses terminology of “peoples” but

doesn’t make the link to self-
determination

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Use of the term “peoples”
• Use of term “peoples” recognises
indigenous peoples as collective entities
– with collective rights

• The link to the right to self-

determination (ICCPR and ICESCR),
debated for years - not included in C169

• UNDRIP (adopted 2007) recognizes

indigenous peoples’ rights to self-
determination
Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org
Practical application of criteria to
identify indigenous peoples

• Identification in context rather than

universal definition

• Use national and/or local terms

• Not use “definition debate” as a pretext for

not addressing issues

• Be inclusive (respect for IP rights is

essential for good governance, human
rights and conflict resolution)

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Identification in Africa
• ACHPR has issued report on the topic
• A strict definition is “neither necessary, nor
desirable”, and could exclude certain groups
• The argument that “all Africans are indigenous” is
relative to European colonisation, and is not the
current use and understanding of the term
• The issue is not discriminatory special rights, but
rights and measures to overcome the discrimination
and marginalization faced by indigenous peoples
• Indigenous peoples in Africa are:
Distinct peoples with distinct cultures and
traditions, and distinct, often serious, human
rights issues regardless of the existence of a
definition.

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Criteria (ACHPR)
Main characteristics:

• Cultures and ways of life differ from the dominant

society
• Cultures are under threat
• Importance of rights to lands and natural resources
• Suffer from discrimination and regarded as “less
developed”
• Political and social marginalization
• Self identification is a key principle
Examples are pastoralists and agro pastoralists
(Maasai, Samburu, Tuareg, Amazigh), and hunter-
gatherers (Ogiek, “Pygmies”, San)

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Identification in Asia

• Asia has the largest number of

indigenous and tribal people - in
India alone there are more than 80
million

• Most countries recognise the

existence of indigenous peoples
under national terms such as
Adivasis, Hill Tribes, Jummas,
Janajatis, Nationalities etc.

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Identification in Latin America
• Indigenous peoples are identified as
descendants of pre-Colombian peoples
• Most countries recognise their particular
status
• Level of self-identification rises as
stigmatization of indigenous identity
diminishes
• Afro-american communities have
identified themselves as tribal peoples
under C.169

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org