Resource Kit on Indigenous Peoples Issues

Department of Economic and Social Affairs
Resource Kit
on Indigenous
PeopleS’ ISSUES
Prepared by the Secretariat
of the United Nations Permanent
Forum on Indigenous Issues/DSPD/DESA
in cooperation with the International
Labour Organization, the United Nations
Children’s Fund, the United Nations
Development Programme, the United Nations
Population Fund and the Secretariat
of the Convention on Biological Diversity
asdf
United Nations
New York, 2008

DESA
The Department of Economic and Social Affairs of the United Nations Secretariat is a vital inter-face
between global policies in the economic, social and environmental spheres and national
action. The Department works in three main interlinked areas: (i) it compiles, generates and
analyses a wide range of economic, social and environmental data and information on which
States Members of the United Nations
draw to review common problems and take stock of policy
options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies
on joint courses of action to address ongoing or emerging global challenges; and (iii) it advises
interested Governments on the ways and means of translating policy frameworks developed in
United Nations conferences and summits into programmes at the country level and, through
technical assistance, helps build national capacities.
Note
The designations employed and the presentation of the material in this publication do not imply
the expression of any opinion whatsoever on the part of the Secretariat of the United Nations
concerning the legal status of any country, territory, city or area or of its authorities, or concern-ing
the delimitation of its frontiers or boundaries.
The term “country” as used in the text of this publication also refers, as appropriate, to territories
or areas.
The designations “developed” and “developing” countries or areas and “more developed”, “less
developed” and “least developed” regions are intended for statistical convenience and do not
necessarily express a judgement about the stage reached by a particular country or area in the
development process.
United Nations publication
Copyright © United Nations, 2008
All rights reserved

iii
Table of contents
Page
Acknowledgement. v
List of acronyms. vii
Introduction: background and objectives of the Resource Kit
Background. 1
UNPFII initiatives. 2
Why a Resource Kit for UN country teams?. 4
The objectives of the Resource Kit. 4
How to use this Resource Kit?. 5
Identifying indigenous peoples
Who are indigenous peoples?. 7
How to identify indigenous peoples. 9
Indigenous peoples and the development context . 10
Key elements regarding indigenous peoples and development
Indigenous peoples’ lands, territories and natural resources. 13
Participation and free, prior and informed consent. 16
Participation. 17
Free, prior and informed consent. 17
Disaggregated data and relevant indicators. 18
Data collection and disaggregation. 18
Relevant indicators. 20
Making the millennium development goals
relevant to indigenous peoples
International responses to indigenous peoples’ challenges. 23
Regional processes in addressing indigenous issues. 26
Implications of engaging indigenous peoples at the country level. 28
Ensuring participation and inclusion. 29
Ensuring organizational representation and partnership . 29
Enhancing the capacity of indigenous peoples. 31
Developing a strategy for the participation of indigenous peoples
in MDG processes. 31
Mainstreaming indigenous issues at the country level. 34
Conclusion . 39
More information
International agreements and legal framework . 41
Human rights treaty bodies. 41
International declarations. 42
Other global legal frameworks (ILO, UNESCO and CBD) . 43

iv Resource Kit on Indigenous Peoples’ Issues
Page
International Labour Organization (ILO). 43
United Nations Educational, Scientific and Cultural Organization
(UNESCO) conventions. 43
Convention on Biological Diversity (CBD) (1992). 44
UN conferences and summits. 44
International mechanisms specifically targeting indigenous peoples. 46
United Nations Permanent Forum on Indigenous Issues. 46
Working Group on Indigenous Populations (WGIP). 46
Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people . 47
Expert mechanism on the rights of indigenous peoples. 48
Second International Decade of the World’s Indigenous People. 48
Regional bodies and indigenous rights . 48
Organization of American States (OAS). 48
The African Commission on Human and Peoples’ Rights (ACHPR) . 49
Donor policies and experiences. 49
Special issues. 50
Identifying indigenous peoples. 50
Land and natural resources. 51
Environment . 51
Poverty. 52
Women and children. 52
Health . 53
Education, sciences and culture. 53
MDGs. 54
Data and indicators . 55
Manuals and guidelines. 55
List of references . 57

v
Acknowledgement
This Resource Kit is based on a re-adaptation of the Tool Kit: Best Practices for Including
Indigenous Peoples in Sector Programme Support1 prepared by Danida (Danish Develop-ment
Assistance Agency), and draws inspiration from the Resource Guide for Gender
Theme Groups2 developed by the Task Force on Gender Mainstreaming of the Inter-
Agency Network on Women and Gender Equality (IANWGE). The Danida document
analyses and explores the limitations of, and opportunities for, promoting indigenous
rights through sector programmes, while the Resource Guide focuses on the main-streaming
of gender equality and women’s rights in the CCA/UNDAF exercises.3
With the permission of Danida, and in cooperation with the ILO (International
Labour Organization); SCBD (Secretariat of the Convention on Biological Diversity);
UNDP (United Nations Development Programme), in particular UNDP Regional
Indigenous Peoples’ Programme in Asia; UNICEF (United Nations Children’s Fund);
members of the IASG (Inter-Agency Support Group on Indigenous Issues), this
Resource Kit has been re-tailored for use by the UNCTs (United Nations Country
Teams). In addition, the UNCT Philippines provided valuable feedback during the
workshop held in Manila in March 2007 to test the draft Resource Kit.
The SPFII (Secretariat of the Permanent Forum on Indigenous Issues) would like
to thank Danida for allowing the tool kit to be adapted, the UN Gender Thematic
Group for its inspiring work, the focal points of the above-mentioned agencies and the
UNCT Philippines for their valuable comments and contributions to this Kit, as well
as UNICEF for its financial support in finalizing it.
1 Danish Ministry of Foreign
Affairs—Danida (2005).
Tool Kit: Best Practices for
Including Indigenous Peoples
in Sector Programme Support.
Copenhagen: Danish Ministry
of Foreign Affairs—Danida.
http://danida.tboghandel.
dk/publ.asp?page=publ&
objno=250002845.
2 IANWGE (2003). Resource
Guide for Gender Theme
Groups. Can be downloaded
from: http://www.un.org/
womenwatch/ianwge/
taskforces/tfccundat2005.htm.
3 Common Country Assessment
(CCA) and United Nations
Development Assistance
Framework (UNDAF).

vii
List of acronyms
ACHPR African Commission on Human and Peoples’ Rights
ADB Asian Development Bank
AIPP Asia Indigenous Peoples Pact
BP Bank Procedures
CAT Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
CBD Convention on Biological Diversity
CCA Common Country Assessment
CEACR Committee of Experts on the Application of Conventions and
Recommendations (ILO)
CEDAW Convention on the Elimination of All Forms of Discrimination
against Women
CERD Committee on the Elimination of Racial Discrimination
CESCR Committee on Economic, Social and Cultural Rights
CHR Commission on Human Rights
CMW Committee on Migrant Workers
COP Conference of the Parties
CRC Convention on the Rights of the Child
Danida Danish Development Assistance Agency
ECLAC Economic Commission for Latin America and the Caribbean
ECOSOC UN Economic and Social Council
EFA Education for All
FPIC Free, prior and informed consent
GTZ Deutsche Gesellschaft für Technische Zusammenarbeit (German
federal agency for international cooperation)
IANWGE Inter-Agency Network on Women and Gender Equality
IASG Inter-Agency Support Group on Indigenous Issues
ICCPR International Covenant on Civil and Political Rights
ICERD International Convention on the Elimination of All Forms of
Racial Discrimination
ICESCR International Covenant on Economic, Social and Cultural Rights
ICPD International Conference on Population and Development
ICRMW International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families
IDB Inter-American Development Bank
IFAD International Fund for Agricultural Development
IIFB International Indigenous Forum on Biodiversity
ILO International Labour Organization
IMF International Monetary Fund
INDISCO Inter-Regional Programme to Support Self-Reliance of Indigenous
and Tribal Communities through Co-operatives and Self-Help
IPEC International Programme on the Elimination of Child Labour

viii Resource Kit on Indigenous Peoples’ Issues
IUCN International Union for the Conservation of Nature (World
Conservation Union)
IWGIA International Work Group for Indigenous Affairs
LINKS Local and Indigenous Knowledge System in a Global Society
MDG Millennium Development Goal
NGO Non-governmental organization
NORAD Norwegian Agency for Development Cooperation
OAS Organization of American States
OHCHR Office of the High Commissioner for Human Rights
OM Operational manual
OP Operational policy
PRO 169 Project to Promote ILO Policy on Indigenous and Tribal Peoples
PRSP Poverty Reduction Strategy Paper
SCBD Secretariat of the Convention on Biological Diversity
SPFII Secretariat of the UN Permanent Forum on Indigenous Issues
TFIW UN Task Force on Indigenous Women
UN United Nations
UNCED United Nations Conference on Environment and Development
UNCT United Nations Country Team
UNDAF United Nations Development Assistance Framework
UNDG United Nations Development Group
UNDP United Nations Development Programme
UNESCO United Nations Educational, Scientific and Cultural Organization
UNHRP The United Nations Housing Rights Programme
UNICEF United Nations Children’s Fund
UNPFII United Nations Permanent Forum on Indigenous Issues
WB World Bank
WGIP Working Group on Indigenous Populations
WGRI Working Group on the Review of Implementation (CBD)
WHO World Health Organization
WIPO World Intellectual Property Organization
WSIS The World Summit on the Information Society
WSSD World Summit on Sustainable Development

1
Introduction:
background and objectives
of the Resource Kit
This Kit focuses on development and indigenous peoples, with emphasis on their full
and effective participation in all development processes and the need for a genuine
partnership in—and ownership with them—of these processes. More specifically, it is
designed to provide UNCTs (United Nations Country Teams) with guidance as to how
to engage indigenous peoples and include their perspectives in development processes,
including monitoring and reporting processes related to the CCA/UNDAF, Poverty
Reduction Strategy Papers (PRSP), UNDP’s Human Development Reports and Millen-nium
Development Goals (MDGs).
Background
The Resource Kit should be seen as one of many contributions to the wide-ranging
reform programme initiated in 1997 by Secretary-General Kofi Annan and aimed at
making the United Nations a more effective institution in terms of facing the challenges
of the twenty-first century.
This reform programme, which included the UN system’s development agenda
in general and the MDG and PRSP processes in particular, stressed the need to
strengthen the inter-linkages between peace and security, poverty reduction and
sustainable human development and promotion of and respect for human rights. In
response to the Secretary-
General’s call to articulate a coherent vision and strategy
for united approaches towards internationally agreed development goals and the Mil-lennium
Development Goals at the national level, the United Nations Development
Group (UNDG) was formed in 1997 and the CCA (Country Common Assessment)
and UNDAF (United Nations Development Assistance Framework) framework was
adopted as a strategy planning tool for the UN system. Together, these initiatives were
designed to enhance the United Nations’ collective analysis and programming in sup-port
of national goals and priorities in various development processes.
At the same time, a growing awareness and recognition among Governments, the
UN system and other development actors of the importance of engaging indigenous
peoples in a human rights–based approach to development led to a resolution by the
Economic and Social Council in 2000 to establish the United Nations Permanent
Forum on Indigenous Issues (UNPFII).4 The mandate of the UNPFII includes, inter
alia, “discuss[ing] indigenous issues within the ECOSOC’s mandate, including eco-nomic
and social development, culture, environment, education, health and human
rights; [and providing] expert advice and recommendations to the Council and to
programmes, funds and agencies of the UN”. In 2002, an inter-agency mechanism—
the IASG (Inter-Agency Support Group)5—was established to support and promote
the mandate of the UN Permanent Forum on Indigenous Issues within the United
Nations system.
4 ECOSOC resolution 2000/22
on the establishment of a
Permanent
Forum on Indig-enous
Issues.
5 The IASG is composed of 32
UN entities and other institu-tions
including the Inter-
American Development Bank,
the European Commission,
the Fondo Indígena and the
Commonwealth Secretariat. Its
chair rotates among agencies
annually, it meets formally
in an annual session and the
chairing organization takes the
initiative, in consultation with
the members, to select a theme.

2 Resource Kit on Indigenous Peoples’ Issues
UNPFII initiatives
In its efforts to address development challenges specific to indigenous peoples, the
UNPFII—seconded by the IASG—has taken a number of initiatives. These initiatives
have been aimed at promoting the integration of indigenous perspectives into the MDG
and PRSP processes, as well as including indigenous peoples in the guidelines used by
the UN agencies. Over the years, the UNPFII has made substantive recommendations
to Governments, the UN system and indigenous peoples concerning the MDGs within
its mandated areas of culture, education, health, environment, human rights and social
and economic development. In the area “Indigenous women and gender”, the third ses-sion
(2004) of the UNPFII focused on indigenous women. One of the outcomes of this
session was the establishment of the Task Force of Indigenous Women (TFIW).6 The
TFIW was formed with the purpose to integrate and strengthen gender mainstreaming
as regards indigenous women’s roles and the special concerns of indigenous women as
an emerging key issue in the work of the United Nations system.
In 2005 and 2006, the Forum chose the special theme of “the Millennium Devel-opment
Goals and indigenous peoples: redefining the Goals” for its fourth and fifth
sessions. It also held various expert group meetings on the MDGs and, in 2005, the
IASG prepared a technical paper for the fourth UNPFII session.7
6 See: http://www.un.org/
womenwatch/ianwge/
taskforces/tfIndigenous
Women2005.
7 IASG (2005). Technical paper
on the MDGs. UN Doc
E/C.19/2005/2.
The United Nations Permanent Forum on Indigenous Issues (UNPFII)
The UNPFII is an advisory body established by Economic and Social Council (ECOSOC)
resolution 2000/22 and reporting to ECOSOC. The mandate of the Forum is:
To discuss indigenous issues within ECOSOC’s mandate, including • economic and
social development, culture, environment, education, health and human rights,
and make recommendations to the UN system;
• To raise awareness about indigenous issues;
• To integrate and coordinate activities on indigenous issues in the UN system;
and,
• To produce materials on indigenous issues.
The Forum is composed of 16 members, eight (8) nominated by Governments
and eight (8) by indigenous peoples. It holds its annual 10-day session in May, which is
attended by governments, indigenous representatives, UN agencies, funds, programmes
and other inter-governmental organizations. A number of side events also take place dur-ing
the session. For further information on the UNPFII, please visit: http://www.un.org/
esa/socdev/unpfii/
The IASG technical paper on MDGs (2005)
The IASG technical paper points out that:
“ … indigenous peoples were not formally involved in the formulation of the Goals
and until now they have been largely absent from developing MDG strategies and
indicators as well as from the monitoring and reporting process”.
“… this omission may lead to the exclusion of indigenous peoples from sharing
the benefits of the MDGs and may in fact adversely impact their communities by
deepening the discrimination faced by indigenous peoples and accelerating the
exploitative use of their land and resources in the name of progress and economic
development.”

Introduction: background and objectives of the Resource Kit 3
In an effort to assist the UNPFII in assessing the current situation with regard to
including indigenous perspectives in the development and achievement of the MDGs,
four reviews have been conducted for the Secretariat of the Permanent Forum (SPFII)
in addition to others separately undertaken by the ILO and the Office of the High
Commissioner for Human Rights (OHCHR).8 The findings of these reviews indicated
that indigenous issues were not being adequately addressed or taken into account in the
MDG and CCA/UNDAF processes. These reviews also pointed out gaps in the imple-mentation
of relevant UNPFII recommendations, institutional policies and the UNDG
Guidelines with regard to including indigenous perspectives in the United Nations
system’s development work at the country level. In addition, UNDP’s 2004 Human
Development Report indicated that public spending on basic social services in many
countries “systematically discriminates against minorities and indigenous peoples”.9
As regards the Poverty Reduction Strategy Paper (PRSP)10 processes, although
they are intended to be participatory and inclusive of all major national stakeholders,
and their guidelines stress the need to include the perspectives of all marginalized
groups, there is no specific mention of, or reference to, involving indigenous peoples.
The UNPFII and IASG have also taken initiatives with regard to including indig-enous
peoples in the guidelines used within the UN system. In 2004, indigenous issues
were among the UNDG’s priorities and, as a result, the IASG proposed a number of
revisions to be incorporated into the July 2004 update of the CCA/UNDAF Guide-lines.
11 These revisions have also been incorporated into the revised February 2007
version of the Guidelines.12
In 2006, the UNDG asked the Inter-Agency Support Group on Indigenous
Issues for support and guidance on mainstreaming and integrating indigenous issues
into UN operational activities. The UNDG Task Team on Indigenous Issues, com-
8 Human Rights–based Approach
to Development: Good Practices
and Lessons Learned from the
2003 CCAs and UNDAFs,
OHCHR, December 2004;
Indigenous and Tribal
Peoples and Poverty Reduc-tion
Strategy Papers (PRSPs):
An Ethnic Audit of Selected
PRSPs, Manuela Tomei, ILO,
May 2005; MDG Reports
and Indigenous Peoples, Desk
Review, prepared by Kelly
Laird for the SPFII, January
2006; Integration of Indigenous
Peoples’ Perspective in Country
Development Processes: Review
of Selected CCAs and UNDAFs,
by Prasenjit Chakma for
the SPFII, April 2006; Desk
Reviews of Selected CCA/
UNDAFs, prepared by Mariana
López for the SPFII, April
2006 (available in English
and Spanish); Desk Reviews of
Selected MDG Country Reports,
prepared by SPFII, February
2007; Desk Reviews of Selected
Resident Coordinator Reports,
prepared by SPFII, January
2007 (to view all the Desk
Reviews prepared for and by
the SPFII, see: http://www.
un.org/esa/socdev/unpfii/en/
publications.html.
9 UNDP (2004). Human Devel-opment
Report.
10 The PRSP process was initi-ated
by the World Bank and
the International Monetary
Fund (IMF) in 1999. A PRSP
describes the macroeconomic,
structural and social policies
and programmes that a coun-try
will pursue over several
years to promote broad-based
growth and reduce poverty, as
well as its external financing
needs and associated sources of
financing.
11 See: http://www.undg.org/
archive_docs/4874-2004_
CCA___UNDAF_Guidelines
_-_Guidelines_CCA___
UNDAF.doc.
12 See: http://www.undg.org/
documents/5877-UNDAF_
Annual_Review_Guidelines_-_
English.doc.
Common Country Assessment/UN Development Assistance Framework
(CCA/ UNDAF)
The Common Country Assessment (CCA) is one of the country-based analytical processes,
among three options suggested by the 2007 Revised CCA/UNDAF Guidelines. It
is meant to be developed in partnership with other development partners—UN system
organizations, Government, donors and civil society—in order to reflect upon, review
and analyze a country’s national development situation. The goal of country analysis is
to obtain a common understanding of the major development challenges faced by a
given country and to identify key issues and priorities for the elaboration of the UNDAF
(United Nations Development Assistance Framework). The over-reaching goal is to facili-tate
a broad-based discussion with all development partners in order to better support
national Governments in addressing development priorities.
Country-based analysis, whether CCA or other options, is thus a critical first step in the
elaboration of the UNDAF, which is a framework for coordinating a UN response to
specific national development challenges that envisages common programming in a
number of chosen and agreed areas. The UNDAF seeks to define clearly specified areas
in which the UN system can make significant and strategic differences for the country
in question. Although the UNDAF envisages common or coordinated programming in
certain key areas or priorities, UN system organizations still maintain individual pro-grammes.
The UNDAF serves as an important reference point for each organization in
the elaboration of its own individual programme for the year covered by the UNDAF and
beyond. Inputs from Government, NGOs and civil society, along with other develop-ment
partners, are paramount for UNDAF to be able to respond accurately to national
development priorities.

posed of IASG members, was mandated to develop guidelines for mainstreaming and
integrating indigenous issues into the mechanisms and processes of the UN system
at the country level, as well as to develop a programme of action for implementation
of the guidelines. The UNDG adopted the Guidelines on Indigenous Peoples’ Issues for
UNCTs in January 2008.
Why a Resource Kit for UN country teams?
The CCA/UNDAF 2004 Guidelines, which clearly refer to the inclusion of indigenous
peoples, are an example of promoting the principle of full and effective participation
of indigenous peoples in all matters affecting them. The recent publication Frequently
Asked Questions on a Human Rights–Based Approach to Development Cooperation13 clear-ly
reiterates the same principle as a primary condition of protecting, promoting and
fulfilling human rights for all when achieving the MDGs.
However, seven years after the adoption of the Millennium Declaration and the
definition of the eight MDGs, little progress has been made with regard to indigenous
peoples’ full and effective participation in MDG processes. Further, these processes
have not been used effectively to engage indigenous peoples in development-related
work at the country level in order to reverse their marginalization.
Implementing the CCA/UNDAF Guidelines by moving from policy to practice
at the country level therefore remains a challenge that must be addressed if the CCA/
UNDAF Guidelines are to be applied at programming and operational levels. This will,
inter alia, imply looking at the indicators and tools used for analysing and improving
the situation of indigenous peoples. For indigenous peoples, marginalization has been
reflected not only in inequality and injustices in income, education, health and access
to other public services but also, more significantly, in political representation and full
and effective participation in decision-making processes on matters affecting them
directly or indirectly. Very often, however, there is no adequate data available and the
indicators and tools used for analysing the root causes of indigenous marginalization
and measuring poverty reduction have not necessarily reflected the indigenous reality
or indigenous peoples’ own concepts and views on development, nor have they dem-onstrated
the link between poverty and the loss of land and natural resources. As the
above-mentioned IASG technical paper also stressed, indigenous peoples have specific
perceptions of indicators of poverty and well-being, in addition to their own strategies
for poverty reduction and development.
The SPFII therefore believes that the current CCA/UNDAF processes in which
all UNCTs have been involved provide an important entry point from which to inte-grate
more comprehensive and coherent indigenous perspectives into the UN work at
national level. The collection of disaggregated data and the identification of relevant
indicators will be important elements in capacity-building initiatives for UNCTs.
The objectives of the Resource Kit
One of the objectives of this Kit is to provide elements to help the UNCTs understand
the language specific to indigenous peoples in the CCA/UNDAF Guidelines, thereby
facilitating their implementation. An additional purpose is to support UNCTs in the
“roll-out” of the UNDG Guidelines on Indigenous Peoples’ Issues. Finally, this Resource
Kit also supports the efforts of the Permanent Forum in promoting the implementation
of its mandate at the country level.
13 OHCHR (2006). Frequently
Asked Questions on a Human
Rights–Based Approach to
Development Cooperation. Can
be downloaded from: http://
www.ohchr.org/Documents/
Publications/FAQen.pdf.

Introduction: background and objectives of the Resource Kit 5
How to use this Resource Kit?
This Resource Kit can be used by UNCTs’ staff as a starting point prior to the prepara-tion
of CCA/UNDAF or other development programme-related documents in order to
gain a basic understanding of indigenous issues. It can also serve as a “checklist” when
preparing an analysis of national situations in relation to development.
The Resource Kit is also intended for use as an advocacy tool for including indig-enous
issues in national development priorities, MDG monitoring mechanisms and
human development reports. The references and documents in the last section may
form an additional source of information.
A CD-Rom will be prepared to include a more comprehensive list of references
and documents for training purposes. The film “Indigenous People and the United
Nations, vol. 1”, an awareness-raising film produced by the Secretariat of the UNFPII,14
also provides information on how the UN system deals with indigenous issues at the
global level and how this has become a priority for the UN system. Compilations of
good practices also complement this Resource Kit.15 Separate brochures on specific
topics relevant to indigenous peoples such as indigenous peoples in conflict situations
and indigenous peoples and the private sector may be developed by the Secretariat later,
as additional components of a training package.
14 This film can be downloaded
from the UNPFII web site:
http://www.un.org/esa/socdev/
unpfii/.
15 The Secretariat of the UNPFII
has coordinated the prepara-tion
of studies on IFAD’s
work, see IFAD’s Work in Sup-port
of Indigenous and Tribal
Peoples—Challenges and Ways
Forward, edited by Victoria
Tauli-Corpuz,
2006. Available
at: http://www.un.org/esa/
socdev/unpfii/en/workshop
IPPMDG.html. See also Indig-enous
Women and the United
Nations System: Good Practices
and Lessons Learned, compiled
by SPFII for the Task Force
on Indigenous Women/Inter-
Agency Network on Women
and Gender Equality, 2007.
Can be downloaded from
unpfii/en/publications.html.
The main objectives of the Resource Kit are to:
Provide an understanding of indigenous issues through practical • examples and
guidance to UNCTs on how to engage indigenous peoples effectively in develop-ment
processes, including CCA/UNDAF, MDG monitoring, PRSP and others;
• Help UNCTs implement the UNDG Guidelines on Indigenous Issues adopted in
early 2008;
• Help UNCTs implement recommendations of the UN Permanent Forum on Indig-enous
Issues;
• Serve as a tool to enhance and strengthen the role of UNCTs in integrating in-digenous
issues into the UN system’s work at the country level and to advocate
for the inclusion of indigenous issues in all development processes that relate to
indigenous peoples and supportive mechanisms at national level.

7
Identifying
indigenous peoples
The term “indigenous peoples”16 has become a general denominator for distinct peo-ples
who, through historical processes, have been pursuing their own concept and way
of human development in a given socio-economic, political and historical context.
Throughout history, these distinct groups of peoples have tried to maintain their group
identity, languages, traditional beliefs, worldviews and way of life and, most impor-tantly,
the control and management of their lands, territories and natural resources,
which allow and sustain them to live as peoples.
Who are indigenous peoples?
The international community has not adopted a common definition of indigenous
peoples and the prevailing view today is that no formal universal definition is necessary
for the recognition and protection of their rights. However, there have been attempts
to outline the characteristic of indigenous peoples.
The ILO’s Indigenous and Tribal Peoples Convention, 1989 (No. 169) applies
to:
Tribal peoples whose social, cultural and economic conditions • distinguish them
from other sections of the national community, and whose status is regulated
wholly or partially by their own customs or traditions or by special laws or regu-lations.
• Peoples who are regarded as indigenous on account of their descent from the
populations which inhabited the country, or a geographical region to which the
country belongs, at the time of conquest or colonization or the establishment of
present state boundaries and who, irrespective of their legal status, retain some or
all of their own social, economic, cultural and political institutions.17
• The Convention also states 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.18
The Study on the Problem of Discrimination against Indigenous Populations (the
“Martínez Cobo Study”) offers the following “working definition”:
“Indigenous communities, peoples and nations are those which, having a his-torical
continuity with pre-invasion and pre-colonial societies that developed on
their territories, consider themselves distinct from other sectors of the societies
now prevailing in those territories, or parts of them. They form at present non-dominant
sectors of society and are determined to preserve, develop and transmit
to future generations their ancestral territories, and their ethnic identity, as the
basis of their continued existence as peoples, in accordance with their own cul-tural
patterns, social institutions and legal systems.”19
16 In almost all indigenous
languages, the name of a group
simply refers to “people”,
“man” or “us”. In many cases,
the group name also includes
the name of the place with
which the group identifies
(people of X, Y places) or
adjectives such as “free”, “stand
up”, or “black”, “red” and so
forth. In any event, it is clear
that the term “indigenous”
has been adopted by many
“indigenous” peoples as an
instrument mostly used at the
international level to advance
their rights and improve their
situation.
17 ILO Convention No. 169,
article 1, subsection 1.
18 ILO Convention No. 169,
article 1, subsection 2.
19 José Martínez Cobo (1986/7).
Study of the Problem of Dis-crimination
Against Indigenous
Populations. UN Doc E/CN.4/
Sub.2/1986/7.

The Working Paper on the Concept of “Indigenous People” prepared by the Working
Group on Indigenous Populations lists the following factors that have been considered
relevant to the understanding of the concept of “indigenous” by international organiza-tions
and legal experts:
Priority in time, with respect to the occupation and u • se of a specific territory;
• The voluntary perpetuation of cultural distinctiveness, which may include the
aspects of language, social organization, religion and spiritual values, modes of
production, laws and institutions;
• Self-identification, as well as recognition by other groups, or by State authorities,
as a distinct collectivity; and
• An experience of subjugation, marginalization, dispossession, exclusion or dis-crimination,
whether or not these conditions persist.20
Self-identification as indigenous or tribal is considered a fundamental criterion
and this is the practice followed in the United Nations and its specialized agencies, as
well as in certain regional intergovernmental organizations.21 Article 33 of the UN
Declaration on the Rights of Indigenous Peoples refers to the rights of indigenous
peoples to decide their own identities and membership procedures.
In some countries, it is controversial to use the term “indigenous”. There may
be local terms (such as tribal, first people, ethnic minorities) or occupational and geo-graphical
labels (hunter-gatherers, pastoralists, nomadic or semi-nomadic, hill people,
etc.) that, for all practical purposes, can be used to refer to “indigenous peoples”. In
some cases, however, the notion of being indigenous has pejorative connotations and
people may choose to refuse or redefine their indigenous origin. Such choices must
be respected, while at the same time any discrimination based on indigenous peoples’
cultures and identity must be rejected. This different language use is also reflected in
international law. The UN Declaration on the Rights of Indigenous Peoples, adopted
in 2007, uses the term “indigenous” in a widely inclusive manner, while the only
international Conventions on the subject—the ILO Convention on Indigenous and
Tribal Peoples, 1989 (No. 169) and its 1957 predecessor (Convention No. 107) use the
terminology “indigenous and tribal”. While these are considered to have similar cover-age
at the international level, not all Governments agree.
20 Erica-Irene A. Daes (1996).
Working Paper on the Concept
of “Indigenous People”, prepared
for the Working Group on
Indigenous Populations.
UN Doc E/CN.4/Sub.2/
AC.4/1996/2.
21 There are two additional
resources that are particularly
relevant in the specific context
of Africa: the definition
included in the Report of the
African Commission on Human
and Peoples’ Rights Working
Group on Indigenous Popula-tions/
Communities, adopted
by the African Commission
at its 28th session (available
from http://www.iwgia.org/
sw2186.asp) and the Response
Note to the “Draft Aide-mémoire
of the African States on the UN
Declaration on the Rights of
Indigenous Peoples”, prepared by
the African Group of Experts
(available from: http://www.
iwgia.org/sw21505.asp).
Understanding who indigenous peoples are
• They identify themselves as indigenous peoples and are, at the individual level,
accepted
as members by their community;
• They have historical continuity or association with a given region or part of a given
region prior to colonization or annexation;
• They have strong links to territories and surrounding natural resources;
• They maintain, at least in part, distinct social, economic and political systems;
• They maintain, at least in part, distinct languages, cultures, beliefs and knowledge
systems;
• They are resolved to maintain and further develop their identity and distinct so-cial,
economic, cultural and political institutions as distinct peoples and communi-ties;
• They form non-dominant sectors of society.

Identifying indigenous peoples 9
How to identify indigenous peoples
The most fruitful approach is to identify, rather than attempt to define, indigenous
peoples in a specific context. Indigenous peoples’ representatives themselves have taken
the position that no global definition is either possible or desirable. Identification is a
more constructive and pragmatic process, based on the fundamental criterion of self-identification.
The identification of indigenous peoples must thus be undertaken with
the full participation of the peoples concerned. The purpose of the exercise is to gain a
better understanding of the specific situations of exclusion, discrimination and poverty
faced by particular groups of peoples so that public policies can address these issues by
developing targeted programmes and inclusive processes.
Below is a list of some practical questions suggested for consideration when work-ing
on matters involving indigenous peoples in the preparation of development frame-works.
Local indigenous organizations and leaders, and academic constituencies in
addition to government, may be well placed to help answer these questions. The list is
neither exhaustive nor mandatory, but provides elements for consideration and reflec-tion
as part of any preparatory work.
Indigenous peoples often have much in common with other marginalized seg-ments
of society, i.e., lack of or very poor political representation and participation, lack
of access to social services, and exclusion from decision-making processes on matters
affecting them directly or indirectly. However, the situation of indigenous peoples is
different because of their history and their intimate relationship with their lands, ter-ritories
and resources which, in many cases, not only provide them with the economic
means for living but, more importantly, sustain them as peoples. As distinct peoples,
indigenous peoples claim the right to self-determination, including the right to control
their own political, social, economic and cultural development as enshrined in the
United Nations Declaration on the Rights of Indigenous Peoples,22 ILO Convention
No. 169, and other human rights instruments. Furthermore, many indigenous peoples
have a profound spiritual relationship with their land and natural resources. Indigenous
peoples’ rights to manage their traditional lands, territories and relevant resources are
22 The Declaration can be
accessed at: http://www.
declaration.html.
Are there peoples identifying t • hemselves as indigenous?
• Are there local terms that identify indigenous peoples?
• If so, are they recognized in legislation (the Constitution or other laws, for exam-ple)?
• What term is used in the national policy discourse and mainstream media with
regard to these groups of peoples to distinguish them from the dominant societal
group?
• Are there provisions in relevant laws regarding these groups’ collective rights as
peoples/communities or any other specific group rights?
• Who are these groups and what are these provisions?
• What is their general situation compared to the mainstream dominant society?
• Has a census been conducted in recent years in the country?
• If so, are these peoples reflected in the census?
• If so, how are they identified as a specific group of people? By self-identification or
other criteria?
• Is any other disaggregated data on these specific groups of people available or
can it be generated?

fundamental for their physical and spiritual survival. However, all too often, indigenous
communities have been displaced and dislocated from their ancestral lands in the name
of development, by oil and gas or other natural resource exploitation projects, the con-struction
of dams, conservation parks, roads or other national development priorities,
which have been designed without the free, prior and informed consent of indigenous
peoples—and indeed, often without any form of consultation with them at all.
Indigenous peoples
and the development context
During the early history of the United Nations’ development assistance work, there was
a tendency to regard indigenous rights as a “marginal” issue in the broader develop-ment
context. However, it is estimated that indigenous peoples constitute some 370
million individuals, representing more than 5,000 distinct peoples living in more than
70 countries. The vast majority of indigenous peoples live in the developing world. In
both developing and developed countries, indigenous peoples are generally excluded
from political participation; they are economically and socially marginalized and dis-proportionately
represented among the victims of human rights abuses and conflicts.
Very often, indigenous peoples have not been recognized as peoples in the Constitution
or other national legislation, and they may not even have the right to identity papers
in their own country.
Among the many challenges faced by indigenous peoples is usually a denial of
their right to control their own development, even though they hold their own diverse
concepts of development, based on their own different values, visions, needs and priori-ties.
Equally, their perception and interpretation of well-being may not be the same as
that of the dominant society in which they live, as it often reflects their own worldview
and values. In some countries, despite their contribution to the nation-building process,
their loyalty to the country has been questioned because their view of development does
not correspond to that of the dominant society.
Although representing 5 per cent of the world’s population, studies have indicated
that indigenous peoples represent 15 per cent of the world’s poorest people. Inequality
in income, education, access to basic public services (e.g., clean water, food, shelter and
health) and political representation affect almost all indigenous peoples. The achieve-ment
of the Millennium Development Goals (MDGs)—as well as of the Poverty
Reduction Strategy Papers (PRSPs)—is therefore particularly challenging for indig-enous
peoples in many aspects, in both developed and developing countries.
The UNPFII has consistently raised issues of crucial importance, such as the
inclusion of indigenous peoples in development processes; the need for a human rights–
based approach to development; and for indigenous peoples to be included in the
monitoring mechanisms for the MDGs and PRSPs. Moreover, the UNPFII has reit-erated
that general indicators used to define and measure poverty do not necessarily
reflect the reality of indigenous peoples’ situations, nor do they correspond to the world
views of indigenous peoples. It has been stated that one of the root causes of poverty
and marginalization for indigenous peoples is the loss of control over their traditional
lands, territories and natural resources. Denying them the right to live on their lands
and territories and to manage natural resources in a sustainable manner has resulted
in further marginalization and exclusion. At the same time, attempts to achieve the
MDGs may drive governments and others to accelerate the expropriation of indigenous
peoples’ lands, territories and natural resources.23
23 “Making the MDGs relevant
for Indigenous Peoples”,
Statement by Victoria Tauli-
Corpuz, Chairperson of the
UNPFII, at Roundtable 1:
Eradication of Poverty and
Hunger, ECOSOC High Level
Segment, March 2005.

Identifying indigenous peoples 11
For further reading on a working definition of indigenous peoples
José Martínez • Cobo (1986 and 1987). Study of the Problem of Discrimination Against
Indigenous Populations, prepared for the UN Commission on Human Rights, Sub-
Commission on Prevention of Discrimination and Protection of Minorities. UN Doc
E/CN.4/Sub.2/1986/87. The Study has been posted on the web site of the Secre-tariat
of the United Nations Permanent Forum on Indigenous Issues: www.un.org/
esa/socdev/unpfii.
• Erica-Irene A. Daes (1996). Working Paper on the Concept of “Indigenous People”,
prepared for the UN Commission on Human Rights, Subcommission on Preven-tion
of Discrimination and Protection of Minorities, Working Group on Indigenous
Populations. UN Doc E/CN.4/Sub.2/AC.4/1996/2. The study can be downloaded
from: http://documents.un.org/simple.asp.
• International Labour Organization (1989). The ILO Convention on Indigenous and
Tribal Peoples, 1989 (No. 169). Can be downloaded from http://www.ilo.org.
• Asian Development Bank (1998). Policy on Indigenous Peoples. Can be downloaded
from http://www.adb.org/Documents/Policies/Indigenous_Peoples/ippp-001.
asp.
• Asian Development Bank (2006). Operations Manual F3. http://www.adb.org/
Documents/Manuals/Operations/OMF03-25Sep06.pdf.
• African Commission on Human and Peoples’ Rights (2005). Report Submitted in Ac-cordance
with the “Resolution on the Rights of Indigenous Populations/Communities
in Africa”, 28th Session, 2003. http://www.achpr.org.
• UN General Assembly (2007). The United Nations Declaration on the Rights of Indig-enous
Peoples, UN Doc A/RES 61/295. Can be downloaded from http://www.ohchr.
org and http://www.un.org/esa/socdev/unpfii.
• Organization of American States (1997). The Draft American Declaration on the
Rights of Indigenous Peoples, OEA/Ser/L/V/II.95, 1997. http://www.oas.org.

13
Key elements regarding
indigenous peoples
and development
As a conceptual framework based on international human rights standards, a human
rights–based approach to development aims to promote and protect human rights
through operational processes. It seeks to analyse root causes of inequalities and
redress discriminatory practices and unjust distributions of power, which impede
development. Within this framework, policies, plans and processes for development
and human rights share a common preoccupation with the necessary outcomes for
improving peoples’ daily lives.
When addressing the specific situation of indigenous peoples, recognition of their
collective rights24 can provide the framework for adopting a human rights–based and
culturally sensitive approach. Such an approach should also take several key elements
into consideration. These elements are: the significance of lands, territories and natural
resources; respect for the principles of participation and free, prior and informed con-sent;
and the need for disaggregated data and culturally sensitive indicators.
Indigenous peoples’ lands, territories
and natural resources
Land rights, access to land and control over it and its resources are central to indig-enous
peoples throughout the world. Territories and land have material, cultural and
spiritual dimensions for indigenous communities and, through their deep under-standing
of and connection with the land, they have managed their environments sus-tainability
for generations. In order to survive as distinct peoples, indigenous peoples
and their communities need to be able to own, conserve and manage their territories,
lands and resources25 on the basis of their collective rights. This is why protection of
their collective right to lands, territories and natural resources has always been a key
demand of the international indigenous peoples’ movement and of indigenous peoples
and organizations everywhere—and this is why it is an issue that must be given prior-ity
when dealing with indigenous people.
Today, several international instruments recognize the strong ties that exist
between indigenous peoples and their ancestral lands. The UN Declaration on the
Rights of Indigenous Peoples (articles 25 and 26) and ILO Convention No. 169
(article 14) recognize the right of indigenous peoples to own and control their lands
and, to differing degrees, their right to own, use and manage the natural resources on
those lands. Several other articles within the Declaration26 also recognize a number
of related rights, including the right to free and informed consent prior to approval
of interventions affecting their lands.
24 Rights related to indigenous
peoples seek to protect not
only their individual rights
but also their collective rights.
Recognition of collective rights
is necessary to ensure the con-tinuing
existence, development
and well-being of indigenous
peoples as distinct collectivi-ties
(UNDG Draft Guidelines
on Indigenous Peoples’ Issues,
2007:6).
25 See: UNPFII (2007). Report
of the sixth session. UN Doc
E/2007/43-E/C.19/2007/12.
26 See, for instance, articles
10, 27, 28, 29, 30, 31, and
32 of the Declaration.

The Convention on Biological Diversity (negotiated in 1992 and ratified by 190
State parties) is another important international instrument that acknowledges the
close and traditional dependence of many indigenous and local communities on bio-logical
resources, and the contribution that traditional knowledge can make to both the
conservation and the sustainable use of biological diversity, two fundamental objectives
of the Convention.27
At the national level, many countries have in recent decades reformed their con-stitutional
and legal systems in response to calls from indigenous movements for legal
recognition of their right to protection and control of their lands, territories and natural
resources.28 Latin America has led the way with such constitutional reforms taking
place in most countries,29 a number of which go as far as to acknowledge the collective
nature of indigenous peoples (an essential element of land rights).30 In Asia, the Philip-pines
has a Constitution (1987) that “recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and development” and a
law—the 1997 Indigenous Peoples’ Rights Act—that recognizes the right of indigenous
peoples to their ancestral domains and lands.
Despite these important advances, indigenous peoples worldwide continue to suf-fer
from policies and actions that undermine and discriminate against their customary
land tenure and resource management systems, expropriate their lands, extract their
resources without their consent and result in displacement from and dispossession of
their territories. In his March 2007 report, the UN Special Rapporteur on the situ-ation
of the human rights and fundamental freedoms of indigenous people stated:
“Although in recent years many countries have adopted laws recognizing the indigenous
communities’ collective and inalienable right to ownership of their lands, land-titling
procedures have been slow and complex and, in many cases, the titles awarded to the
communities are not respected in practice”.31
Indigenous peoples’ land rights are also threatened by development processes.
As pointed out by Ms. Victoria Tauli-Corpuz, the chair of the UNPFII, “The term
‘development’ has acquired a negative connotation for indigenous peoples even if this
is called ‘sustainable’, because their histories are replete with traumatic experiences with
development projects, policies and programmes. In fact, mainstream development is
regarded as one of the root causes of their problems.”32 Such mainstream development
includes, inter alia, the creation of protected areas and natural parks, infrastructural
27 Relevant articles of the Con-vention
on Biological Diversity
are: article 8 (j) on traditional
knowledge; article 10 on
customary sustainable use,
article 15 on access and shar-ing
of the benefits arising out
of the utilization of genetic
resources; and article 17 on
exchange of information. The
entire Convention can be
downloaded from: http://www.
cbd.int/convention/.
28 These reforms have also
included recognition of other
rights such as the right to their
languages, cultures and identi-ties;
their laws and institutions;
their forms of government, etc.
29 These countries are: Argentina,
Bolivia, Brazil, Colombia,
Guatemala, Mexico, Nicara-gua,
Panama, Paraguay, Peru,
Ecuador and Venezuela.
30 SPFII (2006). Backgrounder on
Indigenous Peoples—Lands,
Territories and Resources,
prepared for the sixth Session
(2006). http://www.un.org/esa/
socdev/unpfii/documents/6_
session_factsheet1.pdf.
31 Ibid.
32 Victoria Tauli-Corpuz (2005).
“Indigenous Peoples and the
Millennium Development
Goals”, Indigenous Perspectives,
vol. VII, No. 1.
Text of the Declaration
Article 25
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual
relationship with their traditionally owned or otherwise occupied and used lands, ter-ritories,
waters and coastal seas and other resources…
Article 26
1. Indigenous peoples have the right to the lands, territories and resources which they
have traditionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, ter-ritories
and resources that they possess by reason of traditional ownership or other tra-ditional
occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and
resources. Such recognition shall be conducted with due respect to the customs, tradi-tions
and land tenure systems of the indigenous peoples concerned.

Key elements regarding indigenous peoples and development 15
construction works (roads, dams, etc.) and all types of extractive activities (mining, log-ging,
agri-business, etc.). The UNDG Guidelines note: “Indigenous peoples’ lands have
been disproportionately affected by national development activities because they often
contain valuable natural resources including timber, minerals, biodiversity resources,
water and oil, among others”.33 Access to and ownership and development of these
resources remains a contentious issue, and concern has been expressed by the IASG34
that the effort to meet the targets laid down for the MDGs could in fact have harmful
effects on indigenous and tribal peoples, such as an accelerated loss of lands and natural
resources or displacement from those lands. The MDGs have also often been criticized
by indigenous peoples for not reflecting their relationship with the land.
Indigenous peoples see a clear relationship between loss of their lands and their
communities’ situations of marginalization, discrimination and underdevelopment.
According to Erica-Irene Daes, a UN Special Rapporteur in 2001, “The gradual dete-rioration
of indigenous societies can be traced to the non-recognition of the profound
relation that indigenous peoples have to their lands, territories and resources.”35 Income
inequalities and social heterogeneity are often the result of land alienation. Indigenous
peoples are also acutely aware of the relationship between the environmental impacts
of various types of development on their lands and the environmental and subsequent
health impacts on their peoples. Indigenous well-being is therefore often seen as inex-tricably
linked with their relationship to lands and traditional practices.36
The Permanent Forum has, over the years, issued a number of recommendations
regarding indigenous rights to lands, territories and natural resources, and this subject
was the focus of its sixth session (2007).37 On that occasion, the Forum stressed the
fundamental importance of indigenous peoples’ security of land use and access, as
well as the importance of land rights for broader processes of poverty reduction, good
governance and conflict prevention. One recommendation was therefore to urge States
to take measures to halt land alienation in indigenous territories through, for example,
a moratorium on the sale and registration of land—including the granting of land and
other concessions—in areas occupied by indigenous peoples; and further to support
indigenous peoples in preparing their claims for collective title. As Ms. Victoria Tauli-
Corpuz observed: “One of the key reasons why indigenous peoples are being disenfran-chised
from their lands and territories is the existence of discriminatory laws, policies
and programmes that do not recognize indigenous peoples’ land tenure systems and
give more priority to claims being put by corporations—both state and private”.38
The Permanent Forum further recommended that: “Governments, bilateral and
multilateral donor and development agencies and other development partners respon-sible
for, or assisting in the implementation of sectoral strategies or other programmes
affecting lands owned, occupied or otherwise used by indigenous peoples, review the
consistency of such strategies and programmes with internationally recognized stand-ards
for the protection of the rights of indigenous peoples and the impact of such
strategies and programmes on indigenous communities”. This recommendation should
be seen in the light of the fact that, although the United Nations agencies, the World
Bank and the regional development banks (ADB, IDB) all acknowledge indigenous
peoples’ special ties to their lands, territories and resources, their operational poli-cies
and guidelines do not have a clear commitment to protect the ancestral lands of
indigenous peoples. Instead, they recommend “special considerations”39 or “specific
safeguards”40 to be taken if operations directly or indirectly affect lands, territories or
natural resources traditionally occupied or used by indigenous peoples. In its annual
report41 presented during the Forum meeting, the IASG noted, however, that “develop-ment
activities, including those carried out by multilateral and bilateral agencies, can
33 UNDG, Guidelines on Indig-enous
Peoples’ Issues, 2008.
34 IASG (2004). Statement of the
Inter-Agency Support group
on Indigenous Issues regard-ing
Indigenous Peoples and
the Millennium Development
Goals. See: http://www.un.org/
esa/socdev/unpfii/en/iasg.
html#statement.
35 Erica-Irene Daes (2001).
Indigenous Peoples and Their
Relationship to Land. Final
Working Paper. UN Doc
E/CN.4/SUB.2/2001/21.
36 SPFII: Report of the Meeting
on Indigenous Peoples and Indi-cators
of Well-being, Canada,
March 2006. UN Doc
E/C.19/2006/CRP.3.
37 The full report, as well as docu-ments
submitted at the sixth
session of the UNPFII, can be
downloaded from UNPFII’s
website: http://www.un.org/
esa/socdev/unpfii/en/session_
sixth.html.
38 Ibid.
39 World Bank, OP.4.10
(para.16).
40 IDB, OP-765 (para. 4.4 (b)).
41 Report of the IASG annual
session to the sixth session of
the UNPFII, 2007. UN Doc
E/C.19/2007/2.

sometimes unwittingly dispossess indigenous peoples from their lands and territories”
and suggested therefore that members take up this issue with their country teams.
The Forum finally reaffirmed the central role of indigenous peoples in decision-making
with regard to their lands and resources by referring to the United Nations
Declaration on the Rights of Indigenous Peoples, which states that land and resource-related
projects “shall not be implemented without the free, prior and informed consent
of indigenous peoples” (article 32).
The UNDG Guidelines include a number of guiding principles related to land,
territories and natural resources, as can be seen in the following box.
Some guiding principles related to land, territories and natural resources
Indigenous peoples’ lands and territories should be largely • recognized, demar-cated
Participation and free,
prior and informed consent
Articles 18 and 19 of the UN Declaration on the Rights of Indigenous Peoples empha-size
the principles of participation and free, prior and informed consent.
Article 6 of ILO Convention No. 169 speaks of “consultation with the peoples
concerned” to be “carried out in good faith and in a form appropriate to the circum-stances
… with the objective of achieving agreement and consent to the proposed
measures”.
and protected from outside pressures;
• All efforts should be made to ensure that indigenous peoples determine the activi-ties
that take place on their lands and in particular that impacts on the environ-ment
and sacred and cultural sites are avoided;
• Indigenous peoples’ rights to resources that are necessary for their subsistence
and development should be respected;
• In the case of state owned sub-surface resources on indigenous peoples’ lands,
indigenous peoples still have the right to free, prior and informed consent for the
exploration and exploitation of those resources, and have a right to any benefit-sharing
arrangements.
Source: UNDG, Guidelines on Indigenous Peoples’ Issues, 2008.
The UN Declaration on the Rights of Indigenous Peoples
Article 18
Indigenous peoples have the right to participate in decision-making in matters
which would affect their rights, through representatives chosen by themselves in accord-ance
with their own procedures, as well as to maintain and develop their own indigenous
decision-making institutions.
Article 19
States shall consult and cooperate in good faith with the indigenous peoples
concerned through their own representative institutions in order to obtain their free,
prior and informed consent before adopting and implementing legislative or administra-tive
measures that may affect them.

Participation
The rights to participation and to free, prior and informed consent are an integral part
of a human rights–based approach. For indigenous peoples, as for all rights-holders,
being part of people-centered processes is fundamental to meeting development chal-lenges—
in particular, the achievement of the MDGs. The MDGs and human rights
are interdependent and mutually reinforcing and should be seen as part of a broader
integrated framework of international human rights entitlements and obligations. Par-ticipation
is therefore key to this process, as only mechanisms that enable the full and
effective participation of indigenous peoples in all stages of development, from design,
implementation, monitoring and evaluation to benefit-sharing, can make the imple-mentation
and operationalization of these concepts work.
Participation should be seen as a “chief strategy through which to progress towards
equity for indigenous peoples”.42 It implies going further than mere consultation and
should lead to the concrete ownership of projects on the part of indigenous peoples.
The IASG annual report presented during the sixth UNPFII session43 strongly recom-mended
that mechanisms be developed at the country level to give indigenous peoples
a greater sense of ownership of intergovernmental organizations and their activities,
and to enable their full participation in activities affecting them. Such mechanisms
would also facilitate dialogue and the participation of indigenous peoples in the United
Nations system, international financial institutions and the decision-making bodies of
other multilateral institutions and in the formulation, implementation and evaluation
of programmes and projects affecting them. It would also permit indigenous peoples to
contribute to the formulation of common country assessments and the United Nations
Development Assistance Framework, to the implementation of poverty reduction strat-egy
papers, Millennium Development Goal initiatives and the Programme of Action
for the Second International Decade of the World’s Indigenous People.
Free, prior and informed consent
Participation is closely linked to the principle of the free, prior and informed consent
of the communities or groups concerned. This principle should be respected and used
as a methodology when designing programmes and projects that directly or indirectly
affect indigenous peoples, as defined in the context of a human rights–based approach.
The International Workshop on Methodologies Regarding Free, Prior and Informed
Consent organized by the Permanent Forum in January 2005 clarified various aspects
of free, prior and informed consent and suggested a number of elements for a common
understanding.
The UNPFII workshop recommended that FPIC should be sought sufficiently
in advance of commencement or authorization of activities, taking into account indig-enous
peoples’ own decision-making processes in all phases of a project. Information
should be accurate and in a form that is accessible and understandable, including in a
language that the indigenous peoples will fully understand. The format in which infor-mation
is distributed should take into account the oral traditions of indigenous peoples
and their languages. Consent to any agreement should be interpreted as implying that
indigenous peoples have reasonably understood it.
Indigenous peoples should also specify which representative institutions are enti-tled
to express consent on behalf of the affected peoples or communities. In FPIC
processes, indigenous peoples, UN agencies and Governments should ensure a gender
balance and take into account the views of children and youth as relevant.
42 SPFII: Report of the Internation-al
Expert Workshop on Method-ologies
Regarding Free Prior and
Informed Consent, 2005. UN
Doc E/C.19/2005/3,
para. 56: 15.
session to the sixth session of
E/C.19/2007/2.

It should be noted that the FPIC process may include the option of withholding
consent. It should also be noted that, in most countries, neither indigenous peoples nor
any other population group actually have the right to veto development projects that
affect them. The concept of free, prior and informed consent is therefore a goal to be
pursued, and a principle to be respected to the greatest degree possible in development
planning and implementation.
Disaggregated data and relevant indicators
Disaggregated data based on culturally appropriate indicators that reflect indigenous
perspectives are crucial for targeting, designing, monitoring and evaluating programmes
and projects with indigenous peoples.
Data collection and disaggregation
Data collection and disaggregation have been identified as a major methodological
issue with regard to indigenous peoples and public policies and programmes.44 The
creation of disaggregated data, by gender and by ethnicity, is important in order to
44 SPFII: Report of the Inter-national
Expert Workshop on
Data Collection and Disag-gregation
for Indigenous Peoples,
January 2004. UN Doc
E/C.19/2004/2. See: http://
www.un.org/esa/socdev/unpfii/
documents/workshop_data_
ohchr_en.doc.
Free, prior and informed consent: some basic elements
• Free should imply no coercion, intimidation or manipulation;
• Prior should imply consent has been sought sufficiently in advance of any authori-zation
or commencement of activities and respects time requirements of indig-enous
consultation/consensus processes;
• Informed should imply that information is provided that covers (at least) the fol-lowing
aspects:
— The nature, size, pace, reversibility and scope of any proposed project or
activity;
— The reason/s or purpose of the project and/or activity;
— The duration of the above;
— The locality of areas that will be affected;
— A preliminary assessment of the likely economic, social, cultural and
environmental impact, including potential risks and fair and equitable
benefit sharing in a context that respects the precautionary principle;
— Personnel likely to be involved in the execution of the proposed project
(including indigenous peoples, private-sector staff, research institutions,
government employees and others);
— Procedures that the project may entail.
• Consent: Consultation and participation are crucial components of a consent process.
Consultation should be undertaken in good faith. The parties should estab-lish
a dialogue allowing them to find appropriate solutions in an atmosphere of
mutual respect in good faith, and full and equitable participation.
Consultation requires time and an effective system for communicating among
interest holders. Indigenous peoples should be able to participate through their
own freely chosen representatives and customary or other institutions. The inclu-sion
of a gender perspective and the participation of indigenous women are
essential, as well as participation of children and youth, as appropriate.
Source: Excerpts from the Report of the International Workshop on Methodologies Regarding Free Prior and
Informed Consent, UN Doc E/C.19/2005/3, endorsed by the UNPFII at its fourth session in 2005.

gain an accurate understanding of indigenous peoples’ situations, to design policies
and develop and adequately monitor the impact of programmes. The disaggregated
data can be used, for instance, to measure progress in poverty reduction or the eco-nomic
situation, literacy rate or health situation of the target groups, depending on
the objectives of the intervention.
In most countries, however, there is no available disaggregated data that can
give an accurate description of indigenous peoples’ situation in comparison with that
of other population groups or which could be used to design policies and monitor
the impact of programmes. It is often necessary to combine or correlate different sets
of data (e.g., economic statistics correlated with geographical criteria) to obtain an
approximation of the situation of indigenous peoples. The absence of disaggregated data
is reproduced in large-scale reporting procedures from the national to the international
level, e.g., with regard to progress towards the MDGs. In order to monitor progress
effectively, it is acknowledged that reports need to go beyond national averages, which
can be misleading, signal false progress or mask disparities related to ethnicity.45
The UNDG Guidelines on Indigenous Peoples’ Issues therefore recommend that the
UNCTs “should support the disaggregation of data by indigenous origin and language
as well as promote alternative methodologies on data collection … UNCTs should
ensure that this data properly feeds into programme design and implementation and
that it is widely disseminated. Data disaggregation by gender is also essential to assess
the situation of women and men within their communities…”46
The CCA/UNDAF Guidelines also recommend that data on gender and eth-nic
groups be disaggregated in order to address issues in public policy and remedy
discrimination. Disaggregated data is, for instance, necessary for formulating policies
that will allow special corrective measures to be designed and implemented. Interna-tional
human rights standards suggest that such measures may be necessary to address
discrimination in order to reverse historical injustices and inequality. These corrective
measures may be targeted programmes, special arrangements such as affirmative action
or other kinds of measures; they are not privileges but a way of remedying discrimina-tion
and moving towards equality.
Data disaggregation should therefore be an integral element of strengthening
national capacities, and the UNDG Guidelines recommend the following: “Should
relevant data not exist or remain insufficient, the UNDAF matrix should clearly
address the need for the production and analysis of such information as an expected
output.”47 Methodologically, relevant data collection must be undertaken with the
full participation of indigenous peoples, in indigenous languages where possible, and
employing indigenous facilitators. In all relevant data collection exercises, questions
on indigenous identity that show full respect for the principle of self-identification
have to be included. It is important to develop multiple criteria with local indigenous
peoples’ active and effective participation in order to capture identity accurately and
socio-economic
conditions. Data collection should follow the principle of free, prior and
informed consent at all levels and respect the human rights of indigenous peoples. For
indigenous peoples living in voluntary isolation, data collection exercises should not be
used as a pretext for establishing forced contact.48
In some countries, national censuses do not include relevant data on ethnicity
or other elements that would enable the counting of indigenous populations. In other
cases, indigenous peoples, due to historical injustice and discrimination, do not wish
to reflect their ethnicity in any statistics. In either case, the principle of free, prior and
informed consent should be respected when developing questionnaires for censuses
and this should be done with the full and effective participation of indigenous peo-
45 Matias Busso, Martin Cicowiez
and Leonardo Gasparini
(2005). Ethnicity and the Mil-lennium
Development Goals.
Washington, D.C: UNDP,
ECLAC, Inter-American
Development Bank and the
World Bank.
46 UNDG, Guidelines on Indig-enous
Peoples’ Issues, 2008.
47 Ibid.
48 Report of the International
Expert Workshop on Data
Collection and Disaggrega-tion
E/C.19/2004/2. See: http://
ohchr_en.doc.

ples. Additional awareness-raising efforts should be undertaken with national or local
bureaux of statistics.
Relevant indicators
In order to produce relevant data, it is necessary to elaborate indicators that measure
dimensions of importance to indigenous peoples and which can quantify and qualify
a rights-based development process.49
In January 2004, participants at an International Workshop on Data Collection
and Disaggregation for Indigenous Peoples, organized at the request of the Permanent
Forum on Indigenous Issues, “stressed the need for developing a conceptual framework
for rights-based indicators to ensure that the data collected would be relevant to indige-nous
peoples … and allow for the measurement of issues crucial for indigenous peoples’
development and rights, such as control over land and resources, equal participation in
decision-making and control over their own development processes”.50 These indicators
should reflect indigenous perspectives and realities and therefore help to assess their
situations better. From an indigenous perspective, poverty can refer to deprivation
not only in terms of income but also in terms of land rights or cultural rights. Such
49 Pre-sessional paper prepared by
the Office of the High Com-missioner
for Human Rights
for the Workshop on Data
Collection and Disaggregation
for Indigenous Peoples, Janu-ary
2004. UN Doc PFII/2004/
WS.1/7. See: http://www.
un.org/esa/socdev/unpfii/
ohchr_en.doc.
50 Report of the International
Expert Workshop on Data
Collection and Disaggrega-tion
E/C.19/2004/2, para. 23. Can
be downloaded from: http://
ohchr_en.doc.
Some examples of core themes identified by the regional workshops
North American–Pacific–Russian Workshop
Identity, Land and Ways of Living; including aspects related to traditional knowledge
and culture, indigenous languages, permanent sovereignty of lands, territories, natural
resources, health of communities and of ecosystems.
Indigenous Rights to, and Perspectives on, Development; including indigenous govern-ance
and management systems; FPIC, participation and self-determination as well as
the degree of implementation/compliance with international standards and agreements
relating to indigenous peoples’ rights and Government funding for indigenous peoples’
programmes and services.
Latin American and Caribbean workshop
Recognition of collective rights including aspects referring to identity, access to natural
resources and distribution of benefits.
Exercise of collective rights including the degree of exercise of the rights of indigenous
peoples and the socio-cultural, linguistic and economic reality of indigenous peoples.
Asian regional workshop
Right t • o traditional knowledge
• Right to express ideas and speak indigenous languages
• Right to land ownership (IP and communities)
• Right to access natural resources
• Right to participate in decision-making processes
• Right to access infrastructure and basic services
African regional workshop
• Right to participation and self-determination
• Access to and control over indigenous lands and forests
• Right to practice traditional resource management, including pastoralism
• Access to free, good and culturally appropriate education
• Access to health services (human and livestock)
• Right to cultural identity

indicators should also reflect the differentiated concepts of men and women and their
respective roles in different societies. They should be disaggregated from mainstream
indicators at national and international level in order to draw comparisons with other
population groups and monitor progress vis-à-vis internationally established develop-ment
targets such as the MDGs.
The development of relevant indicators must be undertaken with the full par-ticipation
of the indigenous peoples concerned, following the same principles as when
collecting disaggregated data, and involving extensive dialogue with indigenous peoples
and communities.
As part of the UN reform, the international system is moving towards outcomes-based
programming. In an effort to measure outcomes and improve people’s lives, the
UN system’s work can have an impact by developing indicators as a concrete way of
setting benchmarks and measuring outcomes. This has not been an easy task, given
the lack of statistics and data disaggregation concerning indigenous peoples. However,
indigenous peoples have been involved in the international effort to develop appropri-ate
indicators and ensure that they are culturally appropriate, to measure exclusion,
capture indigenous realities and reflect the aspirations of indigenous peoples. This has
happened in areas such as traditional knowledge, food security, the 2010 biodiversity
target, well-being, poverty, health and the MDGs. Since several UN-system organiza-tions
have been undertaking work around developing indicators related to the situation
of indigenous peoples, the IASG—through its informal networks on indicators—has
strengthened the sharing of information and models of good practice so that various
indicators can better portray indigenous peoples’ realities.
At the same time, following recommendations of the UNPFII on indicators,
the Secretariat of the Permanent Forum has been coordinating a project executed by
indigenous organizations in which regional workshops have been held with the par-ticipation
of indigenous experts.51 The purpose of these workshops has been, among
other things, to identify gaps in existing indicators at the global, regional and national
levels, to propose the formulation of core global and regional indicators that address
the specific concerns and situations of indigenous peoples and to draw up their own
models of indicators.52 These indicators will be compared with those developed by
UN-system organizations, and the outcome of the exercise will be the development of
culturally appropriate tools.
51 The four regional workshops
were held from March to
November 2006 in Canada
(participants from Canada,
New Zealand, Australia, the
USA and the Russian Federa-tion);
Nicaragua (participants
from Brazil, Ecuador, Peru,
Panama, Guatemala, Belize,
Mexico and Nicaragua), the
Philippines (participants from
Bangladesh, Bhutan, Cam-bodia,
India, Laos, Malaysia,
Myanmar, Thailand, Viet Nam
and the Philippines); and
Kenya (participants from East
Africa, the Horn, West Africa,
Central Africa and Southern
Africa). Reports are available
from the SPFII website: http:/
www.un.org/esa/socdev/unpfii.
52 Report of the Meeting on Indig-enous
Peoples and Indicators of
Well-being, Canada, March
2006. UN Doc E/C.19/2006/
CPR.3.

23
Making the Millennium
Development Goals relevant
to indigenous peoples
Since its inception, the UNPFII has called for the full and effective participation of
indigenous peoples in development processes. It has called upon States and various UN
agencies to provide adequate funding, technical and institutional support and training
to enable indigenous peoples to achieve the MDGs and for indigenous peoples to par-ticipate
effectively in the planning, design, implementation, monitoring and evaluation
of policies, programmes and projects.53
The MDGs do not refer specifically to indigenous peoples. The compartmental-ized
approach of the eight specific Millennium Development Goals is also often not
in accordance with indigenous peoples’ more holistic view of development and does
not capture their priorities, for example, with regard to rights to lands, territories and
resources. This concern was clearly expressed from the very beginning by indigenous
organizations and, at the May 2005 session of the UNPFII, it was once again noted
that indigenous issues are not only absent from the Millennium Development Goals
but also from poverty reduction processes and from MDG country reports and poverty
reduction strategy papers (PRSPs).
The MDGs can be met more effectively by including the human rights and needs
of indigenous peoples.54 But to make the MDGs relevant to indigenous peoples means
promoting the existing international responses to indigenous peoples’ challenges, fur-thering
the regional processes in terms of addressing indigenous issues and taking the
particular situation of indigenous peoples into account at the country level.
International responses to
indigenous peoples’ challenges
The strongest and most recent international response has been the adoption in Septem-ber
2007 of the UN Declaration on the Rights of Indigenous Peoples by the General
Assembly—a major achievement after more than 20 years of debate in the United Na-tions
human rights bodies and, in the words of the Secretary-General: “a triumph for
indigenous peoples around the world”.55 In her statement to the UN General Assembly,
the chairperson of the UNPFII, Ms. Victoria Tauli-Corpuz, called the adoption of the
Declaration “a historical milestone in [the United Nations] long history of developing
and establishing international human rights standards…” and a “major victory for
Indigenous Peoples, who actively took part in crafting this Declaration. This day will
be forever etched in our history and memories as a significant gain in our long struggle
for our rights as distinct peoples and cultures…” She characterized the Declaration as
“a strong Declaration which embodies the most important rights we and our ances-tors
have long fought for; our right of self-determination, our right to own and control
our lands, territories and resources, our right to free, prior and informed consent,
53 SPFII: Background Note for
the International Expert Group
Meeting on the Millennium
Development Goals, Indig-enous
Participation and Good
Governance, New York, 11-13
January 2006. PFII/2006/
WS.3/7. See: http://www.
un.org/esa/socdev/unpfii/
documents/workshop_MDG_
background.pdf.
54 Ibid.
55 Statement attributable to the
Spokesperson for the Secretary-
General on the adoption of the
Declaration on the Rights of
Indigenous Peoples, New York,
13 September 2007. http://
www.un.org/esa/socdev/unpfii.

among others”, and added: “It is a key instrument and tool for raising awareness on
and monitoring progress of indigenous peoples’ situations and the protection, respect
and fulfilment of indigenous peoples’ rights. It will further enflesh and facilitate the
operationalization of the human rights–based approach to development as it applies to
Indigenous Peoples. It will be the guide for States, the UN System, Indigenous Peoples
and civil society in making the theme of the Second Decade of the World’s Indigenous
Peoples ‘Partnership for Action and Dignity’ a reality.” 56
But indigenous issues are not new to the United Nations system. In 1957, the
ILO adopted Convention No. 107 concerning Indigenous and Tribal Populations,
with the participation of other parts of the UN system. The concern of the United
Nations itself with this issue stems from the early 1970s and was born out of an anti-discrimination
agenda, under the wider umbrella of human rights. The anti-colonial
movements, the civil rights movement and indigenous rights movement, as well as
an increased openness of the United Nations to civil society, brought to the table the
realities of gross and systematic violations of human rights against indigenous peoples
and communities. This led to the launch, in 1972, of a study—later to be known as
the “Martínez Cobo study”—by the Sub-Commission on Prevention of Discrimina-tion
and Protection of Minorities.57 In 1982, as the Study was nearing completion,
the United Nations established the Working Group on Indigenous Populations with a
mandate to review recent developments regarding indigenous peoples and to develop
international standards on indigenous rights. The Working Group set the important
precedent of allowing indigenous representatives to participate in its meetings, thus
bringing indigenous voices directly to the United Nations. In 1989, the ILO revised
Convention No. 107, which had come to be widely considered as assimilationist, and
adopted Convention No. 169 concerning Indigenous and Tribal Peoples in Independ-ent
States.
An International Year of the World’s Indigenous People was proclaimed in 1993
and an International Decade a year later (1995-2004). In 2000, a Special Rapporteur58
was appointed by the Commission on Human Rights to monitor the situation of
human rights and fundamental freedoms of indigenous people.
During the 1990s, indigenous peoples were also becoming more active through-out
the United Nations system. The Rio de Janeiro Earth Summit in 1992, for instance,
was attended by hundreds of indigenous people. It was here that the Convention on
Biological Diversity and other environmental programmes—Climate Change, For-est
Principles and Agenda 21—were adopted, so indigenous people were involved in
this process from the beginning. The Convention on Biological Diversity59 and other
international processes regarding the environment, climate change, cultural diversity
and the protection of traditional knowledge were targeted by indigenous peoples, who
sought to increase their involvement in these areas of crucial importance to them. In
turn, the responsible agencies began opening up to indigenous peoples in tandem
with the broader United Nations agenda of increasing the involvement of civil society.
During this period, several Voluntary Funds were established within the UN system:
in 1985 to support the travel of indigenous representatives to the above-mentioned
Working Group meetings (and, since 2001, also to the sessions of the Permanent
Forum on Indigenous Issues); in 1994 to fund small projects during the first Decade;
in 2003 to support the Permanent Forum; and in 2004 to fund small grants during
the Second Decade.60
The turning point for indigenous issues at the United Nations came in the
year 2000, when, as a result of a recommendation made by the World Conference
56 Statement of Victoria Tauli-
Corpuz, chair of the UNPFII,
on the occasion of the adop-tion
of the Declaration on the
Rights of Indigenous Peoples,
New York, 13 September
2007. http://www.un.org/esa/
socdev/unpfii.
57 Study of the Problem of Dis-crimination
Against Indigenous
Populations. Final report
submitted by the Special Rap-porteur,
Mr. José Martínez
Cobo (1986/87). Available in
electronic format at UNPFII
website: http://www.un.org/
esa/socdev/unpfii/en/spdaip.
html.
58 The Special Rapporteur has
been mandated by the Com-mission
on Human Rights
(later to become the Human
Rights Council), inter alia,
to gather, request, receive
and exchange information
and communications from
all relevant sources, includ-ing
Governments, indigenous
people themselves and their
communities and organiza-tions,
on violations of their
human rights and fundamental
freedoms; formulate recom-mendations
and proposals
on appropriate measures
and activities to prevent and
remedy violations of the
human rights and fundamental
freedoms of indigenous people;
and to work in close coop-eration
with the Permanent
Forum on Indigenous Issues.
59 Art. 8 (j) of the Convention on
Biological Diversity and related
provisions addresses specifically
the respect, preservation and
maintenance of knowledge,
innovation and practices of
indigenous and local commu-nities.
60 Voluntary Funds have also
been established under the
Convention on Biological
Diversity (2002) and by the
World Intellectual Property
Organization (WIPO, 2005)
to assist indigenous representa-tion
at their respective meet-ings.

Making the Millennium Development Goals relevant
to indigenous peoples 25
Overview of main international responses
1957 ILO Convention 107 on Indigenous and Tribal Populations is adopted (http://
www.ilo.org/ilolex/english/convdisp1.htm)
1972 The Study of the Problem of Discrimination against Indigenous Populations (also
known as the Martínez Cobo study)—is launched
1982 The Working Group on Indigenous Populations is established by the UN (http://
www.ohchr.org/english/issues/indigenous/groups/groups-01.htm)
1984 The Martínez Cobo Study is submitted to the UN (adopted in 1986/87)
1985 The Voluntary Fund for Indigenous Populations is created
1989 ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent
States (http://www.ilo.org/ilolex/english/convdisp1.htm) is adopted
1992 The Rio Earth Summit adopts the Convention on Biological Diversity (http://www.
biodiv.org/convention/default.shtml)
1993 The World Conference on Human Rights recommends the establishment of a
Permanent Forum on Indigenous Issues
1993 International Year of the World’s Indigenous People
1994 The first International Decade for Indigenous People is launched (1994-2004)
1994 The Voluntary Fund to support small-scale projects during the Decade is
created
1998 First Roundtable on Intellectual Property and Indigenous Peoples organized by
the World Intellectual Property Organization—WIPO (http://www.wipo.int)
2000 Establishment of the United Nations Permanent Forum on Indigenous Issues
(UNPFII) (http://www.un.org/esa/socdev/unpfii/index)
2000 The mechanism of a Special Rapporteur on the Human Rights and Fundamental
Freedoms of Indigenous People is established by the Commission on Human
Rights (http://www.ohchr.org/english/issues/indigenous/rapporteur/)
2002 A Voluntary Fund for Indigenous and Local Communities is established by the
CBD (hhtp://www.cbd.int)
2003 A Voluntary Fund is established by the UN to support the Permanent Forum
2005 The Second International Decade for Indigenous People is launched (2005-2015),
including a fund to support small-scale projects
2005 A Voluntary Fund for Indigenous and Local Communities is created by WIPO
2007 The UN Declaration on the Rights of Indigenous Peoples is adopted by the UN
General Assembly (http://www.un.org/esa/socdev/unpfii/en/declaration.html)
on Human Rights in 1993,61 the United Nations Permanent Forum on Indigenous
Issues (UNPFII) was established as an advisory body to ECOSOC. This broke new
ground, as it formally integrated indigenous peoples into the UN and, for the first time
in history, indigenous peoples were on an equal footing with members nominated by
the States in a permanent UN body. The Second International Decade of the World’s
Indigenous People (2005-2015), with the theme Partnership for Action and Dignity,
was proclaimed by the General Assembly in December 2004 and presents another
opportunity for common action by the UN system. While the UNDG has recently
included the Programme of Action for the Second Decade of the World’s Indigenous
People in its work agenda, it is timely that concrete programmes and targeted projects
be implemented at the country level to improve the daily lives of indigenous peoples.
In this, the Programme of Action could form a benchmark by which to measure the
achievement of MDGs for indigenous peoples. It should also be noted that the 2005
World Summit on the implementation of the Millennium Declaration reaffirmed its
61 The Vienna Declaration and
Programme of Action—
UN Doc A/Conf.157/23
of 12 July 1993: Part II, B, 2,
para. 32.

commitment to continue making progress in the advancement of the human rights of
the world’s indigenous peoples at the local, national, regional and international levels,
including through consultation and collaboration with them…62
Regional processes in addressing
indigenous issues
It should be noted that regional intergovernmental organizations and institutions and
development banks have strengthened their work on indigenous peoples and develop-ment
by producing policies and operational guidelines. Within the framework of the
UN Declaration on the Rights of Indigenous Peoples and the Programme of Action for
the Second Decade of the World’s Indigenous People, regional processes have an impor-tant
role to play in promoting indigenous issues and supporting national Governments
in implementing these international instruments. For indigenous peoples, participation
in these processes is also an effective way of empowering their communities through
building and enhancing their capacity in the global context.
In Africa and Asia, the concept of “indigenous peoples” is not necessarily related
to outside colonization, although awareness of the problem began during colonial times.
Uncertainty about the criteria for definition has been perceived as a barrier to address-ing
indigenous rights in development policies and programmes in both these regions.
In Africa, the question of identification has been discussed at the African Commission
on Human and Peoples’ Rights (ACHPR). The discussion of the term “indigenous
peoples” is relatively new. Hence, the current discussions are about achieving an under-standing
of the term and its implications. The argument often heard is that, taking the
word “indigenous” in its literal sense, everybody of African origin can be considered
indigenous to Africa. In 2003, the ACHPR adopted the Report of the African Commis-sion’s
Working Group on Indigenous Populations/communities.63 By adopting the report,
the ACHPR sent a clear signal that it recognizes the existence of indigenous peoples in
62 Paragraph 127 of the resolu-tion
adopted by the World
Summit 2005. http://unpan1.
un.org/intradoc/groups/
public/documents/UN/
UNPAN021752.pdf.
63 Report of the African Commis-sion’s
Working Group of Experts
on Indigenous Populations/Com-munities,
ACHPR and IWGIA,
2005. Can be downloaded
from ACHPR website: http://
www.achpr.org/english/_info/
index_WGIP_Under_ent.htm.
The Programme of Action for the Second International Decade
of the World’s Indigenous People (A/60/270)
The five objectives for the Decade are as follows:
(i) Promoting non-discrimination and inclusion of indigenous peoples in the design,
implementation and evaluation of international, regional and national processes
regarding laws, policies, resources, programmes and projects;
(ii) Promoting full and effective participation of indigenous peoples in decisions
which directly or indirectly affect their lifestyles, traditional lands and territories,
their cultural integrity as indigenous peoples with collective rights or any other as-pect
of their lives, considering the principle of free, prior and informed consent;
(iii) Redefining development policies that depart from a vision of equity and that are
culturally appropriate, including respect for the cultural and linguistic diversity of
indigenous peoples;
(iv) Adopting targeted policies, programmes, projects and budgets for the develop-ment
of indigenous peoples, including concrete benchmarks, and particular em-phasis
on indigenous women, children and youth;
(v) Developing strong monitoring mechanisms and enhancing accountability at the
international, regional and particularly the national levels, regarding the imple-mentation
of legal policy and operational frameworks for the protection of indig-enous
peoples and the improvement of their lives.

Africa, that they suffer from gross human rights violations, that the African Charter
should be used to protect and promote their human rights and that the ACHPR will
continue to work actively on the issue. A Working Group of Experts under the ACHPR
has been given a mandate to gather information, undertake country visits, formulate
recommendations and submit reports on the human rights situation of indigenous
peoples in Africa. The ACHPR report emphasizes the following characteristics in its
identification of African indigenous peoples:
Their cultures and ways of life differ considerably f • rom the dominant society;
• The survival of their particular way of life depends on access and rights to their
traditional land and resources;
• Their cultures are under threat, in some cases on the verge of extinction, often as
a result of land alienation and dispossession;
• They suffer from negative stereotyping and discrimination;
• They often live in inaccessible, geographically isolated regions, with poor or no
infrastructure;
• They suffer from political and social marginalization and are subject to domina-tion
and exploitation within national political and economic structures.64
In Asia, where most of the world’s indigenous population is to be found, the term
indigenous remains controversial in most countries.65 Since Asia has no overarching
human rights structure yet, the process towards identifying and recognizing Asian
indigenous peoples may well be somewhat different from the African one. However, the
first steps were recently taken at a workshop held in Thailand, in March 2006. Here,
indigenous experts from 14 different Asian countries worked towards establishing a
common and clearer understanding of the concept of “indigenous peoples” in Asia.
The workshop also prepared them for discussions when Asian Governments raise the
issue in connection with the adoption of the Declaration on the Rights of Indigenous
Peoples or in other international forums, as well as for addressing questions in their
respective countries. The workshop should be seen as an important contribution to the
struggle of Asian indigenous peoples to obtain their recognition as distinct peoples with
the right to control their lives, lands and destiny.66
The Organization of American States (OAS) is in the process of revising the text
of its draft American Declaration on the Rights of Indigenous Peoples and working
toward a broad declaration that will promote and protect the fundamental rights of
indigenous peoples. This process has support from the highest level, as indicated in
the Declaration of Mar del Plata adopted in November 2005 at the Fourth Summit
of the Americas, in which the region’s Heads of State and Governments called for an
intensification of the pace of negotiations on this critical document affirming the rights
of the region’s indigenous peoples. The draft American Declaration on the Rights
of Indigenous Peoples covers a wide range of matters affecting the daily lives of the
hemisphere’s native indigenous peoples: family, spirituality, work, culture, health, the
environment, and systems of knowledge, language and communication, to name but
a few. More than 30 articles are being negotiated that seek to consolidate and affirm
the rights and aspirations of indigenous peoples, recognizing the “multiethnic and
multicultural” character of the region. Negotiation of the text is being organized by a
Working Group of the OAS Permanent Council created in 1999. This Working Group
originally based its work on a draft Declaration presented by the OAS Inter-American
Commission on Human Rights.67 This document was under review until November
2003 when it became the starting point of what is considered the final stage of negotia-tions.
The adoption of the OAS Declaration on the Rights of Indigenous Peoples will
64 Ibid.
65 An exception being the
Philippines—see section III 1
(this document)—and Nepal
that ratified ILO Convention
No. 169 in September 2007.
66 The Workshop was jointly
organized by the Asia Indig-enous
Peoples Pact (AIPP)
Foundation, the Tebtebba
Foundation and the Inter-national
Work Group for
Indigenous Affairs (IWGIA),
with funding from the
Danish
Foreign Ministry. The
indigenous experts hailed from
Nepal, India/Northeast India,
Bangladesh, Burma, Thailand,
Laos, Cambodia, Viet Nam,
Malaysia, Indonesia, the
Philippines, China, Taiwan
Province of China and Japan.
Key results from the workshop
will be included in a forthcom-ing
publication The Concept of
Indigenous Peoples—A Resource
Book by AIPP and IWGIA.
67 The draft Declaration can be
consulted at: http://www.cidh.
org/.

be extremely significant for the Americas, where indigenous peoples have long been
struggling for recognition of their rights.
The international financial institutions have also enhanced their work on indig-enous
peoples, mainly by developing operational policies and guidelines. The World
Bank, the IDB (Inter-American Development Bank) and the ADB (Asian Development
Bank) have adopted or recently revised their policy documents on indigenous peoples.68
Despite slight differences in terms or language used and processes of elaboration between
these documents, the overall message aims to promote the inclusion of indigenous issues
in the banks’ policies and operations and to support development that meets indigenous
peoples’ aspirations with regard to reducing poverty. The international instruments on
indigenous peoples’ rights are explicitly mentioned in the documents as guiding princi-ples
and references when developing policies that will impact on indigenous communi-ties,
given the wide scope of the banks’ supported operations and programmes in the
development agenda. The IDB has also established a database on indigenous legislation
classified by country and by theme for all countries of Latin America.
The Asian Development Bank (ADB) is unfortunately the only institution in Asia
to have adopted a policy on indigenous peoples at the regional level. One of the largest
areas of the ADB’s development cooperation with Governments is the Great Mekong
Subregion
Programme, covering five countries of South-east Asia and one province in
China. Around 300 million people live in this subregion, with more than 100 indig-enous
groups living along the Mekong River. Diverse terms are used to identify these
peoples in the different country contexts—e.g., ethnic minorities, hill tribes, ethnic
groups and so on. These peoples share, however, the same Mekong River and the lands
along the river are their only source of survival and development. The vast majority of
these people live in rural areas where they depend on subsistence or semi-subsistence
agriculture, including the practice of shifting agriculture. The ADB’s 2004 Operational
Manual has specific provisions and detailed processes to address, avoid or remedy pos-sible
adverse impacts on indigenous peoples. In relation to indigenous peoples, the
document states that “the impact will be considered significant if the programmes affect
access to land and natural resources” of indigenous peoples.
Implications of engaging
indigenous peoples at the country level
In 2006, the Fifth Session of the Permanent Forum on Indigenous Issues addressed
the special theme of the Millennium Development Goals and Indigenous Peoples:
68 The World Bank: Revised Oper-ational
Policy on Indigenous
Peoples (OP.4.10) and Revised
Bank Procedure on Indigenous
Peoples (BP.4.10), 2005. The
Inter-American Development
Bank: Operational Policy on
Indigenous Peoples (OP-765)
and Strategy for Indigenous
Development, 2006; and Opera-tional
Guidelines (CP-3246-1),
2006. The Asian Development
Bank: Policy on Indigenous
Peoples, 1998, and Operations
Manual Bank Policy related to
Indigenous Peoples (OM F3/
BP), 2006.
Recommendation 30 of the Fifth Session of the UNPFII
“As a means of redefining approaches, countries with indigenous peoples are
urged to incorporate the issues and challenges specifically faced by indigenous
peoples directly into the Millennium Development Goal report by: (a) including
indigenous peoples within the context of overall reports; (b) including indige-nous
peoples in the context of meeting each specific goal; (c) including indig-enous
peoples in the planning of the overall report and each individual goal; and
(d) including
indigenous peoples’ effective participation in the planning process
of future interventions, and in the implementation, monitoring and evaluation of
programmes and projects that will directly or indirectly affect them.”
Report of the Fifth Session of the Permanent Forum, UN Doc E.C.19/2006/11

Redefining the Goals. While it was appreciated that it might not be possible to redefine
the goals, it was also recognized that there was a clear need to redefine approaches to
implementation of the Goals in order to include the perspectives, concerns, experiences
and worldviews of indigenous peoples.69
Participatory and inclusive approaches, as recommended by the UNPFII, call
for a number of measures to be taken in order to ensure that indigenous peoples and
their representative organizations fully participate in the development processes that
are relevant to them.
Ensuring participation and inclusion
Participation and inclusion are among the human rights principles that guide the UN’s
work at all levels. These principles include full and effective participation in, contribu-tion
to and enjoyment of civil, economic, social, cultural and political development, in
which human rights and fundamental freedoms can be realized.70
Despite numerous methodologies and concepts of engaged governance, indig-enous
peoples and their organizations often find themselves excluded from policymak-ing,
budget discussions, design, implementation and evaluation processes. Many indig-enous
communities are, in fact, adversely affected by policies, projects and programmes
since their distinct visions of development, their concerns and ways of life are all too
often ignored by national or local-level policymakers or administrators.71
When undertaking an analysis of national situations to identify the development
challenges of a given country, such as the CCA/UNDAF processes, it is therefore neces-sary
to ask a number of practical questions in order to assess the effective participation
and inclusion of indigenous peoples in the national context. These questions can be
considered part of the preparatory work. They are as follows:
Are indigenous peoples adequately mentioned/included in • the country analysis
and strategies for poverty reduction and in the MDG Report?
• Are indigenous rights included in the general discussion on human rights
issues?
• Has the country ratified any human rights treaties of specific relevance to indig-enous
peoples? If so, which ones?
• If so, are indigenous peoples included in the reporting processes and in the imple-mentation
of human rights treaty bodies’ recommendations?
• If not, are they involved in other human rights monitoring mechanisms (e.g.,
visits of Special Rapporteurs of the Human Rights Council)?
• Are there any NGOs/institutions with a track record for facilitating indigenous
peoples’ participation and development?
Ensuring organizational representation and partnership
In practice, indigenous peoples present a diverse spectrum of organizational forms
based on their traditional social and political structures and ways of life. Some have
retained traditional legal, administrative and governance systems, while others have
adopted other organizational forms such as unions or coalitions based on group or
linguistic affiliation, and still others have organized on the basis of territorial origin.
Other structures have been put in place by Governments, which sometimes inhibit
or compete with self-generated indigenous structures or organizations. This diversity
also reflects the processes of change and the multifaceted challenges facing indigenous
69 Report of the Fifth Session
of the UNPFII, 2006. Can
be accessed at: http://www.
session_fifth.html.
70 UNDG (2003). The Human
Rights Based Approach to
Development Cooperation:
Towards a Common Under-standing
among UN Agencies.
71 SPFII: Background paper pre-pared
for the UN Workshop
on Engaging the Marginalized:
Partnerships between Indig-enous
Peoples, governments
and civil society, Brisbane,
Australia, 2005.

peoples, e.g., the general tendency of massive emigration from indigenous communi-ties,
the disruption of traditional systems which means they can no longer provide the
environment for youth to learn indigenous languages, traditional knowledge, skills, etc.
In many cases, it is also a fact that different indigenous organizations coexist or even
compete for representative legitimacy in order to access the limited available resources.
Very often, the different situations illustrate the complex and myriad learning proc-esses
imposed on indigenous communities who now have to obtain new skills in order
to communicate and negotiate with Governments, while at the same time having to
refute paternalistic policies.
There has been a tendency for external actors to regard indigenous societies as static
or “undeveloped”, implying that if they changed or adopted new organizational forms or
new ways of life, they would become less “indigenous”. This is not only a misrepresenta-tion
of the dynamics of many cultures but can also lead to the failure of development pro-grammes,
if these are designed to address a false perception of a static and homogenous
society instead of a multifaceted and dynamic society. These diverse organizational repre-sentations
of indigenous peoples call for an inclusive approach, involving all the different
sections of a given society. This approach avoids inappropriately establishing indigenous
identity in a way that ignores the changes taking place in indigenous societies. Existing
indigenous structures and institutions can be validated and strengthened—instead of
setting up new and potentially conflictive organizations that are structured according
to the requirements of development agencies and Governments.
Partnership arrangements should include careful and inclusive identification of
indigenous partners, as well as an assessment of their capacity, local acceptance, par-ticipation
of both men and women, elders and youth, and accountability towards their
constituencies. Indigenous societies, like all other societies, may face dilemmas or some-times
conflicts between traditional socio-political structures and those established and
recognized by the State, and a fine balance needs to be found when dealing with these
two kinds of social structures. The report of the UNPFII’s Workshop of the Perma-nent
Forum on Indigenous Issues on Partnership Visions for the Second International
Decade of the World’s Indigenous People72 identified some crucial elements of good,
effective and efficient partnerships, spelled out as follows:
Mutual respect and consent, transparency and accountability a • mong partners;
• Convergence and common understanding of substantial objectives, strategies,
activities, outputs and expected impacts between and among the partners rather
than separate institutional objectives;
• Focus on strengthening indigenous peoples’ participation and influence in policy
and decision-making processes that affect their lives and which involve a diversity
of actors that influence such processes;
• Focus on capacity-development, its conceptualization and design as a long-term
process with clear progression and benchmarks; capacity-building is most effec-tive
when it involves all sides—indigenous peoples, UN system, government
officials, other relevant actors and public in general;
• Joint planning, implementation and evaluation with partners: understand part-nerships
as shared learning processes, document the experiences and lessons
learned and share with other partners, across countries and regions;
• Partners to be involved in international processes, as these often constitute sources
of inspiration for sharing experiences.
72 SPFII: Report of Workshop on
Partnership Visions: UN Doc
E/C.19/2006/4/Add.2. See:
unpfii/en/workshops.html.

Enhancing the capacity of indigenous peoples
Like all human societies, indigenous communities have their own processes and dy-namics
in adapting to the changing world. Indigenous peoples have developed very
comprehensive and diverse social and political systems and capacity in addressing all
kinds of challenges throughout history, despite genocide, colonialism, dictatorship,
poverty and discrimination, to name but a few. This has allowed them to survive as
peoples while asserting their identity.
Development does not necessarily imply the denial or diminishing of identity
and traditions. On the contrary, indigenous ways of sustainable development inspire
and provide examples of wisdom in dealing with contemporary issues. In instances
where some practices are not considered to conform to universal human rights stand-ards,
however, approaches to addressing these issues must be culturally sensitive and
appropriate. The same approach also applies to development-related work. Valuing the
cultural capacities of indigenous communities in terms of collective and participatory
decision-making processes or conflict negotiations relating to water and other resource
uses, for example, is an important step in assisting communities to develop new capaci-ties
to adapt to changes and challenges.
There is great need to support the capacity-building of indigenous peoples so that
the partnership between them and the United Nations system becomes a reality at both
national and international levels. It very often appears to be complicated and difficult
for indigenous peoples to gain access to the UN system and its processes. Information
must therefore be made accessible to indigenous people, as this is an important step in
partnership building. Another key step to building and strengthening the partnership is
identifying indigenous peoples’ needs in terms of capacity-building. Capacity-building
for indigenous peoples will contribute to building an inclusive society in which all groups
of society fully and effectively participate in any matters affecting them directly or indi-rectly,
as citizens.
The UNCTs’ support to build and strengthen the capacity of indigenous organi-zations,
that are not always familiar with UN processes and working methodologies
or may lack capacity for implementing programmes or projects, can be of benefit to
their own work. UNDP, among other UN agencies, has been developing a number
of pilot projects in countries where tripartite mechanisms are established comprising
indigenous representatives, UNCT and governmental focal points, in order to work
closely with UNCT on indigenous issues.
Developing a strategy for the participation
of indigenous peoples in MDG processes
The UNPFII has emphasized in various forums that many countries will probably meet
the MDGs and targets by 2015 as a matter of national average. At the same time, it
has also emphasized that by ignoring indigenous peoples, or meeting the targets at the
expense of further loss of their lands, territories and natural resources, the poverty of
indigenous peoples will be further aggravated.
The current indicators available to measure achievement of the MDGs do not
reflect the situation of indigenous peoples. Even in some developed countries in which
the national average indicators on maternal health and child mortality are above the
MDG targets, the same indicators—when considered within specific indigenous
areas—are very close to, or at the same level as, those found in the least developed

countries. The UNPFII has also in the past noted that indigenous issues are often
absent from the MDGs.
Table 1. MDGs: issues and challenges from an indigenous rights perspective
MDGs Issues and challenges from the perspective of indigenous peoples’ rights
1. Eradicate extreme
poverty and hunger
Indigenous peoples live in greater poverty than the • general population
(5 per cent of the world’s population but 15 per cent of the world’s poor);
• Indigenous peoples’ right to define their own development priorities is
often ignored;
• Indigenous peoples suffer accelerated loss of their land and natural
resources in the name of national mainstream development.
Disaggregated data should be developed in order to assess the situations of
indigenous peoples;
Development-related indicators should be revised based on indigenous peoples’
own perceptions and aspirations;
Indigenous rights to territories and resources should be recognized;
Indigenous peoples’ own institutions and judicial system should be respected;
Indigenous peoples’ own perceptions of poverty and well-being, as well as their
own poverty reduction strategies, should be taken into account;
Indigenous peoples should participate fully in the development process,
including national and local planning exercises and decision-making.
2. Achieve universal
primary education
• High drop-out rate in primary schools due to linguistic barriers and cultur-ally
inappropriate teaching methodologies or curricula;
• Indigenous parents reluctant to send children to school because education
perceived as an assimilatory process or because they themselves have had
bad experiences at school;
• Lack of indigenous and bilingual teachers;
• Lack of adequate infrastructure.
Need to link educational quality with attention to indigenous language, culture
and traditional knowledge;
Need to incorporate indigenous community-based education systems into the
education curricula;
Role of elders and women in transmission of indigenous languages and cultures
to be taken into consideration.
3. Promote gender
equality and
empower women
• Indigenous women often disadvantaged and discriminated with regard to
access to inheritance, land tenure and traditional governance structures
(with exception of matriarchal societies);
• The situation of indigenous women often compounded by additional
gender-
based marginalization, discrimination and violence (domestic and/
or due to armed conflicts).
The lack of rights and opportunities affects men and women differently and
requires differentiated responses, ensuring the voices and participation of both;
Natural gender balance must be reinstated in culturally appropriate ways, within
indigenous societies;
The primary role of women in transmitting knowledge and world views to future
generations not fully acknowledged, so women are excluded from the process of
designing literacy programmes (linked to MDG2).
4. Reduce child
mortality
5. Improve maternal
health
6. Combat HIV/AIDS,
malaria and other
diseases
• Specific diseases found among indigenous communities are often due to
environment-related problems (e.g., toxic dumping on their territories,
overcrowded housing);
• Data often does not exist on indigenous communities’ health situation,
their access to health services or the level of care received;
• Communities have traditional beliefs in interpreting the concept of health-and
blood-related illness (e.g., HIV/AIDS).

MDGs Issues and challenges from the perspective of indigenous peoples’ rights
4. Reduce child
mortality
5. Improve maternal
health
6. Combat HIV/AIDS,
malaria and other
diseases
(continued)
Information on reproductive issues needs to be culturally appropriate when
addressing indigenous women;
All health-related information should be provided in a language that can be
understood by everyone;
Indigenous health perspectives and systems, including the use of traditional
health practitioners and medicine, should be taken into account and understood
by health workers;
Qualified indigenous people should participate in designing, administering and
managing their own health-care programmes.
7. Ensure
environmental
sustainability
Indigenous peoples’ traditional knowledge and skills • are not recognized;
• Indigenous communities face a number of environmental challenges,
including climate change (Arctic region, tropical rainforest, arid and semi-arid
regions), forest clearing, conservation projects and threats to traditional
livelihood, e.g., shifting culture.
Balance some conservation projects by respecting the right of indigenous
peoples to live in their traditional territories;
Protect traditional knowledge and promote benefit-sharing agreements.
8. Develop a global
partnership for
development
• The interaction between indigenous and non-indigenous societies is often
complex and conflict-ridden;
• Indigenous peoples are challenged by multiple changes imposed by mod-ernization,
globalization and trade policies that may be further disempow-ering
and marginalizing.
Indigenous peoples’ own governance systems and territorial integrity should be
recognized;
Targeted programmes, budget allocations and benchmarks should be provided
for indigenous peoples;
Indigenous perspectives should be integrated not only in MDGs but also in
bilateral cooperation;
Indigenous peoples should increasingly participate in the processes of
international financial institutions with a view of influencing their policies on
issues affecting indigenous peoples.
Further, unless the particular situation of indigenous peoples is adequately taken
into account, some MDG processes may accelerate the loss of their means of subsist-ence.
To reverse the situation, the UNPFII has made a number of substantive recom-mendations
aimed at strengthening the development monitoring mechanisms whereby
indigenous peoples can set up their own development priorities and benchmarks to
assess and monitor the development process and measure their progress. Some elements
for consideration when formulating targeted programmes and projects for indigenous
peoples can be found in the table above.
In short, the challenge for the UN system in providing development assistance
for indigenous peoples is twofold:
• Indigenous peoples have the same rights to development, resources and services
as all other peoples and their effective access to these rights must be ensured;
• It should be recognized that indigenous peoples’ aspirations for development,
resources and services may be fundamentally different among indigenous groups
themselves as well as different from those of other peoples, even within the same
country, and therefore require fundamentally different approaches by the UN
system.
Development strategies must therefore be designed to overcome the margin-alization
of indigenous peoples and, at the same time, protect and promote their

Indigenous peoples in voluntary isolation: alternative way of development
The Permanent Forum has made several recommendations regarding indigenous peo-ples
in voluntary isolation.
In 2005, at its fourth session, the Forum recommended that special attention be
paid to their situation by States and by the Special Rapporteur on the human rights and
fundamental freedoms of indigenous people. It also suggested that their situation be
the subject of a special international meeting during the Second International Decade
of the World’s Indigenous People.
In 2007, at its sixth session, the Forum welcomed the initiative taken by indigenous
peoples’ organizations, States, non-governmental organizations and OHCHR to improve
the visibility of the situations faced by indigenous peoples in voluntary isolation and
recent efforts to respect and protect their rights. Highlighting, in particular, the Santa
Cruz de la Sierra Appeal (“Llamamiento de Santa Cruz de la Sierra”), which was the out-come
of the regional seminar on indigenous peoples in voluntary isolation and in initial
contact of the Amazon Basin and El Chaco held from 20 to 22 November 2006, in Santa
Cruz de la Sierra, Bolivia. The Forum recommended a replication and follow-up of similar
initiatives in order to achieve and consolidate sustained long-term policies, mechanisms
and procedures that can assure the security and self-determined livelihoods of these
peoples, including the guarantee of the inviolability of their territories and natural re-sources.
It also recommended the formulation of guidelines directed at all actors, both
governmental and non-governmental, dealing with the respect and protection of the
rights of indigenous peoples in voluntary isolation and initial contact. Directed at the
relevant international agencies, the Forum also recommended implementing appropri-ate
expert health-care actions to prevent disastrous disease problems and considering
the adoption of rapid-effect emergency procedures in situations where the health situ-ation
is critical.
Sources: UN Doc E/C.19/2005/9 and UN Doc E/C.19/2007/12.
rights. Moreover, national development goals should not be achieved at the expense
of indigenous peoples, such as the accelerated loss of their land and natural resources
and assimilation. National MDGs can only be achieved with the full and effective
participation and consent of indigenous peoples. Indigenous peoples should be given
the opportunity to plan and initiate their own development agendas, and should be
supported in this endeavour by the UN system and by their own Governments. The
same principle of self-determination should also apply to indigenous peoples in vol-untary
isolation, who live in remote areas of e.g., South America, India and Malaysia
with little or no contact with the surrounding societies.
Mainstreaming indigenous issues
at the country level
At the 2005 annual meeting hosted by the UNICEF Regional Office for Latin America
and the Caribbean, the IASG focused on strengthening country-level implementation of
the recommendations made by the UNPFII. The group recommended the following:
That United Nations country teams create inter-agency thematic • groups on indig-enous
issues led by a United Nations agency, with clear terms of reference to be
determined by the group, and that the Resident Coordinator be responsible for
reporting on its activities;
• That in addition to its regular meetings the group meet at least once a year to
analyse the recommendations of the Permanent Forum and other mechanisms
and coordinate actions for follow-up;

That the Permanent Forum identify in each country a • focal point that could
serve as a resource for the United Nations country team on indigenous issues and
promote the Permanent Forum’s recommendations;
• That regional directors advise country teams to create inter-agency thematic
groups;
• That country teams offer a space for dialogue on indigenous issues with other
partners and among indigenous peoples;
• That country teams ensure the meaningful participation of indigenous peoples
in Common Country Assessment and United Nations Development Assistance
Framework processes as recommended in the 2004 Guidelines;
• That country teams use the programme of action of the Second International
Decade of the World’s Indigenous People as a framework for common strategies
and advocacy;
Table 2. Mainstreaming indigenous issues in Common Country Assessments (CCA)
Suggested steps
in national analysis Opportunities for mainstreaming indigenous issues
a. Preparing the first
draft of the CCA
or other analytical
process
• Gather information and assessments in relation to indigenous peoples;
• Identify, provide and advocate inclusion of disaggregated data on indig-enous
peoples’ situations in the document;
• Suggest names of indigenous experts/representatives/academics and
advocate their inclusion in the Steering Committee, thematic groups,
drafting groups, stakeholders’ meetings and other relevant mechanisms
of CCA/UNDAF;
• Ensure the analysis reflects the different perceptions of indigenous peo-ples
on poverty, inequality, marginalization, exclusion and conflict situ-ations,
where relevant;
• Use the recommendations of the UNPFII to identify indigenous priori-ties;
• Use updated information from human rights treaty bodies, ILO super-vision
and relevant Special Rapporteurs’ recommendations relevant to
indigenous peoples;
• Use the periodic human rights treaties’ reporting process to engage indig-enous
peoples’ representatives/organizations to provide inputs;
• Invite indigenous and human rights experts to read, draft and provide
feedback;
• Foresee budgetary provisions, where possible, to support the participa-tion
of indigenous experts in the process.
b. Ensuring quality check
of the analysis
• Check to ensure that individuals among the readers group are experi-enced
and are sensitive to indigenous issues. (Ideally, ensure that an
indigenous expert/representative/community leader is included in the
readers group);
• Check that indigenous peoples or organizations who have been involved
in human rights treaties’ reporting work and the UNPFII are among the
readers group;
• Use the recommendations of the UNPFII as a reference source,
• If not, advocate their inclusion in each case.
c. Finalizing the
document
• When organizing consultations with Governments for finalizing the docu-ment,
ensure that indigenous peoples and relevant experts are part of the
consultations. If a focal point on indigenous issues or targeted projects on
indigenous peoples exists in specialized agencies present in the country,
hold consultations with relevant individuals or offices;
• Seek advice/inputs/contributions from the IASG through their country
offices or focal points, during the preparation of the analytical process.

That country teams use “Action 2” activities to promote • indigenous peoples’
rights.73
Desk Reviews of MDG country reports and CCA/UNDAFs conducted by the
Secretariat of the UNPFII since 2005 show inadequate participation of indigenous
peoples in these processes and inadequate integration of indigenous peoples’ issues.74
The preparation of CCA/UNDAF provides an entry point for indigenous peoples to
engage in UNCTs’ work since country specific analysis, including CCA, will identify
the main challenges to development and country priorities in terms of meeting the
MDGs. It is crucial that indigenous peoples take part in the process from the outset in
order to contribute to and identify any challenges, as outlined in this document.
Table 3. Including specific indigenous challenges
in the UN Development Assistance Framework (UNDAF)
UNDAF steps Actions for the inclusion of specific challenges facing indigenous peoples
a. Agree on priorities • Advocate identified indigenous peoples’ priorities as important areas of
cooperation and outcome for UNDAF matrix;
• If indigenous-related area is not selected in agreed priority, provide sup-port
to ensure that it is integrated/mainstreamed into existing outcomes,
in line with the analysis.
b. Preparing the first
draft of UNDAF
• Deploy those working on indigenous issues involved in CCA or other
analytical document to participate in the key working groups tasked for
preparing UNDAF, and provide accurate and reliable data and expertise to
make sure that indigenous-related issues are fully taken into account;
• Ensure that results matrix includes indigenous-sensitive indicators, base-lines
to generate indigenous-related disaggregated data and concrete
ways of tracking the extent to which indigenous concerns are taken into
account in the preparation of UNDAF.
c. Ensuring quality
check of the UNDAF by
independent readers
group
• Ensure that indigenous experts/representatives are in the readers
group;
• Ensure that indigenous organizations and NGOs working with indigenous
peoples are also among members of the readers group;
• Share the documents with IASG focal points for indigenous inclusion and
content.
d. Finalizing UNDAF • Bring multiple stakeholders together to review the final draft and pro-vide
feedback to UNCT on the UNDAF’s responses to indigenous-related
priorities/issues identified in CCA and to offer concrete ideas on how to
integrate/strengthen indigenous perspectives in UNDAF.
e. Tracking and
monitoring
mechanisms
• Track and support performance and efforts of the UNCT to work with
indigenous peoples;
• Design a monitoring mechanism, with the support of UNCT, to assess
the extent to which and how indigenous issues have been addressed/
integrated in the overall responses to UNDAF for an annual presentation
to the UNPFII;
• Share good practices and lessons learned with the IASG focal points and
seek their support/expertise to further indigenous perspectives in the
broad development agendas through MDG Reports, Human Develop-ment
Reports, etc.
session to the fifth session of
E/C.19/2006/3.
74 The Desk Reviews can be con-sulted
at http://www.un.org/
esa/socdev/unpfii/en/
publications.html.

Excerpts from a Study of UNDP and Indigenous Peoples, Lessons Learned75
At the programme level Very few Country Offices have an indigenous programme • as such. Most of
the ones that do have established it as part of the specific Hurist initiative,
a cooperation programme between UNDP and the Office of the UN High
Commissioner on Human Rights (HCHR) on the potential of mainstreaming
or operationalizing human rights in key UNDP’s programming areas: pro-poor
human development policies; HIV/AIDS;
• Environment management and energy use; inclusive decentralized govern-ance
and governing institutions, and indigenous peoples (41).
• The UNDP/GEF Small Grants Programme (SGP) has many examples of part-nerships
with indigenous organizations and authorities, including their
participation in the National Steering Committees (NSCs). The indigenous
presence in a multi-stakeholder group without any stakeholder being over-represented
and chaired by a UN official was repeatedly mentioned as a
good example of achieving meaningful and direct indigenous participation
in decision-taking at the programme level.
• UNDP’s focus should be broadened to require the establishment of institu-tional
processes that secure indigenous peoples’ involvement in decision-making
systems.
At the programme level • However, it is vital to ensure that the right of indigenous self-determination
espoused in legal statutes is not interpreted as a freedom to engage in
unsustainable uses of the environment and does not supersede commit-ments
under international law to guarantee women’s equal rights.
• Indigenous authorities may play a lead role in the area of women’s empow-erment;
however special attention may often need to be directed to sen-sitizing
traditional authorities in regard to the latter, as many are male-dominated
without providing a role for women.
At the practical/project
level
• A number of respondents said that the focus on indigenous peoples was
more or less “disguised” in the project because of the context-sensitivities.
Projects were thus focused on specific geographic regions (which are known
to be indigenous regions) or on “marginalized” and “vulnerable” groups, or
IPs were mentioned in one breath with women and children, or the projects
were generally called “rural development” projects.
• One respondent mentioned that it is important to put any project in a wider
context. The project should hopefully lead to policy changes and, more par-ticularly,
to further recognition of IPs’ rights, otherwise the project may be
successful by itself but have no real sustainable impact.
• Another issue highlighted was that projects should arise from the priority of
IPs themselves and as a supporting organization UNDP should not shy away
from the sensitivities. For example, if land rights are the big issue then the
project should focus on land rights and not on other peripheral issues.
• Another respondent indicated the same in different words, but added that
UNDP should also not be too ambitious in achieving fast results. It is some-times
better to start low and go slow but steady, e.g., facilitating a process
of bringing stakeholders together rather than start with hiring legislative
drafters.
75 http://www.undp.org/
oslocentre/docs06/Max_Ooft.
pdf.

39
Conclusion
The UNPFII, in accordance with its mandate, the United Nations Declaration on
the Rights of Indigenous Peoples and the Programme of Action for the Second Inter-national
Decade of the World’s Indigenous People, continues to advocate indigenous
peoples’ participation and partnership in all areas relevant to them. Materials produced
by the SPFII aim to assist UNCTs in their work.
It is also important that UNCT colleagues share the good practices and lessons
learned from their experiences of using this Resource Kit in order to keep an active
living process alive, updated and relevant. To do so, users are encouraged to do any of
the following:
Share and analyse experiences with specific inter-agency • processes, the CCA/
UNDAF cycle, PRSPs, MDGs monitoring and reporting, Human Development
Reports—in informal updates and/or by forwarding formal and regular reports
to the SPFII or the focal point for indigenous issues in your agency;
• Send any feedback and comments on experiences relating to the content of this
Resource Kit so that the information in this Kit can be revised and updated
accordingly and shared with the IASG;
• Provide updates of core documents for the sets of examples—new or revised
national legislation relevant to indigenous peoples, good practices and lessons
learned in engaging indigenous communities in the analysis, strategy planning
and programming of the UNCT’s work.

41
More information
International agreements and legal framework
Human rights treaty bodies
There are nine core international human rights treaties—of which seven are in force.76
They are all relevant to indigenous peoples. They may be accessed at: http://www2.
ohchr.org/english/law/.
Each of these treaties has established a committee of experts to monitor imple-mentation
of the treaty provisions by its States parties. General comments, concluding
observations and recommendations emanating from these Committees can be found at:
http://www.unhchr.ch/tbs/doc.nsf/. A compilation of all general comments and recom-mendations
until 2005 (HRI/GEN/1/Rev.7/Add.1) is available from the same site.
The following list gives some basic information about the conventions, including
reference to the most relevant articles, their status of ratification, their websites, and, in
some cases, examples of relevant comments and observations made by their monitor-ing
bodies.
International Covenant on Civil and Political Rights—ICCPR (1966)
Articles 1 and 27. Ratified by 160 countries77
http://www2.ohchr.org/english/law/ccpr.htm
Monitoring body: CHR (Human Rights Committee)
http://www2.ohchr.org/english/bodies/hrc/index.htm
See, for example:
General comment 23 on the rights of minorities (article 27), 1994,
(CCPR/C/21/Rev.1/Add.5)
International Covenant on Economic, Social and Cultural Rights—
ICESCR (1966)
Article 1. Ratified by 157 countries
http://www2.ohchr.org/english/law/cescr.htm
Monitoring body: CESCR (Committee on ESCR)
http://www2.ohchr.org/english/bodies/cescr/index.htm
See, for example:
Concluding observations of the Committee on Economic, Social and Cul-tural
Rights: Ecuador (E/C.12/1/Add.100 of 7 July 2004)
Concluding observations of the Committee on Economic, Social and Cul-tural
Rights: Colombia (E/C.12/1/Add.74 of 30 November 2001)
International Convention on the Elimination of All Forms of Racial
Discrimination—ICERD (1965)
Article 5. Ratified by 173 countries
http://www2.ohchr.org/english/law/cerd.htm
Monitoring body: CERD
http://www2.ohchr.org/english/bodies/cerd/index.htm
See, for instance:
76 The two Conventions not yet
in force are the International
Convention for the Protection
of all Persons from Enforced
Disappearance and the
Convention on the Rights of
Persons with Disabilities.
77 The United Nations has 192
Member States (2006).

General Recommendation 21 on the right to self-determination (Gen. Rec.
No. 21, A/51/18, annex V of 23 August 1996)
General Recommendation 23 on the rights of indigenous peoples (Gen.
Rec. No. 23, A/52/18, annex V of 18 August 1997)
Convention on the Elimination of All Forms of Discrimination against
Women—CEDAW (1979)
Ratified by 185 countries
http://www.un.org/womenwatch/daw/cedaw
Monitoring body: CEDAW
http://www.un.org/womenwatch/daw/cedaw/committee.htm
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment—CAT (1984)
http://www2.ohchr.org/english/law/cat.htm
Monitoring body: CAT
http://www2.ohchr.org/english/bodies/cat/index.htm
Convention on the Rights of the Child—CRC (1989)
Articles 2.1 and 2; 5; 7.1 and 2.; 8.1. and 2.; 9.2; 12.1; 13; 28.1; 29.1; 30; 32.1.
and 2.(a), (b). Ratified by 193 countries
http://www2.ohchr.org/english/law/crc.htm
Monitoring body: CRC
http://www2.ohchr.org/english/bodies/crc/index.htm
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families—ICRMW (1990)
http://www2.ohchr.org/english/law/cmw.htm
Monitoring body: CMW
http://www2.ohchr.org/english/bodies/cmw/index.htm
International declarations
UN Declaration on the Rights of Indigenous Peoples (2007)
UN Doc A/RES/61/295
http://www.un.org/esa/socdev/unpfii/en/declaration.html
UN Declaration on the Rights of Persons belonging to National or Ethnic,
Religious and Linguistic Minorities (1992)
UN Doc A/47/135
http://www2.ohchr.org/english/law/minorities.htm
ILO Declaration on Fundamental Principles and Rights at Work (1998)
http://www.ilo.org/ilolex/english/index.htm
UNESCO Universal Declaration on Cultural Diversity (2001)
Article 4
http://portal.unesco.org/en/ev.php-URL_ID=12025&URL_DO=DO_
TOPIC&URL_SECTION=-471.html

More information 43
Other global legal frameworks (ILO, UNESCO and CBD)
International Labour Organization (ILO)
All the following conventions and related documents can be downloaded from: http://
www.ilo.org/ilolex/english/index.htm.
ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Inde-pendent
Countries (1989)
As per 2007 ratified by 19 countries
For full text: http://www.ilo.org/ilolex/english/convdisp2.htm
Monitoring body: CEACR (Committee of Experts on the Application of Con-ventions
and Recommendations) reviews the reports sent by Governments and
employers’ and workers’ organizations and can make “Individual Observations”
concerning the Indigenous and Tribal Peoples Convention, 1989 (No. 169)
http://www.ilo.org/ilolex/english/newcountryframeE.htm
Complaints procedure: a Tripartite Conference Committee examines represen-tations
alleging non-observance of the Indigenous and Tribal Peoples Conven-tion,
1989 (No. 169), made under article 24 of the ILO Constitution. Its recom-mendations
are sent on to CEACR for follow-up.
As of 2006, 14 representations had been made concerning the following State
parties: Argentina (2006); Guatemala (2005); Mexico (2 in 2002 and 2 in 2001);
Ecuador (2000); Denmark (2000); Colombia (2 in 1999); Bolivia (1998); Mexico
(1998); Peru (1997); and Mexico (1996).
ILO Convention No. 107 concerning the Indigenous and Tribal Populations
(1957) (still in force in 18 countries).
Other ILO conventions relevant to the situation of indigenous and tribal peoples
include, but are not limited to, the following conventions concerning:
Forced or Compulsory L • abour (C. No. 29), 1930. Ratified by 172 countries
• Discrimination (Employment and Occupation) (C. No. 111), 1958. Ratified
by 166 countries
• Worst Forms of Child Labour (C. No. 182), 1999. Ratified by 165 coun-tries
• Two conventions on migration are also relevant to the situation of many indig-enous
peoples:
Migration for Employment (Revised) (C. No. 97), 1947
Migrant Workers (Supplementary Provisions) (C. No. 143), 1975
United Nations Educational, Scientific and Cultural Organization
(UNESCO) conventions
The conventions and other relevant texts and information regarding UNESCO
standard-
setting instruments can be consulted at: http://portal.unesco.org/en/ev.php-
URL_ID=12025&URL_DO=DO_TOPIC&URL_SECTION=-471.html.
Convention concerning the Protection of the World Cultural and Natural
Heritage (1972)
Articles 1, 2, 4 and 5. Ratified by 185 countries.

Monitoring body: Intergovernmental Committee for the Protection of the World
Cultural and Natural Heritage
Convention for the Safeguarding of the Intangible Cultural Heritage (2003)
See Preamble and Articles 1, 2, and 15. Ratified by 87 countries
Monitoring body: Intergovernmental Committee for the Safeguarding of the
Intangible Cultural Heritage
Convention on the Protection and Promotion of the Diversity of Cultural
Expressions (2005)
See Preamble (paras. 8 and 15), and Articles 2.3 and 7. Ratified by 76 countries
Monitoring body: Intergovernmental Committee on the Protection and Promo-tion
of the Diversity of Cultural Expressions
Convention on Biological Diversity (CBD) (1992)
The Convention (http://www.cbd.int) was adopted by the UN Conference on Envi-ronment
and Development (UNCED) in Rio de Janeiro, 1992, and ratified by 190
State parties. Articles 8(j) on in situ conservation and traditional knowledge, 10 on
customary sustainable use and 15 on access to, and sharing of the benefits from, genetic
resources and free, prior consent. For the full text: http://www.biodiv.org/convention/
articles.asp.
Monitoring body: Working Group on the Review of Implementation (WGRI)
http://www.cbd.int/wgri/
Other relevant bodies under the CBD:
• COP—Conference of the Parties—is the governing body of the Convention.
COP7 (Malaysia, 2004) is of special interest for indigenous peoples. One of
its main achievements was the adoption of the Akwe: Kon Voluntary Guide-lines
for the Conduct of Cultural, Environmental and Social Impact Assess-ment
regarding Developments Proposed to Take Place on, or which are Likely to
Impact on, Sacred Sites and on Lands and Waters Traditionally Occupied or Used
by Indigenous and Local Communities. For the full text: http://www.cbd.int/
programmes/socio-eco/traditional/akwe.aspx. For other documents and decisions
from the COPs, consult: http://www.cbd.int/convention/cops.shtml
• Working Group on article 8 (j): http://www.cbd.int/convention/wg8j.shtml
• Working Group on Access and Benefit Sharing Regime: http://www.cbd.int/
convention/wgabs.shtml
• Ad Hoc Open-Ended Working Group on Protected Areas: http://www.cbd.int/
convention/wgpa.shtml
UN conferences and summits
A number of political declarations and action plans adopted by UN conferences and
summits are relevant for indigenous peoples.
UN Conference on Environment and Development—UNCED (Rio de Janeiro,
1992). Besides the already mentioned Convention on Biological Diversity, UNCED
also adopted Agenda 21. Of particular relevance is Section 3, chapter 26 of the
Agenda 21: “Recognizing and strengthening the role of indigenous people and
their communities”. For the full text: http://www.un.org/esa/sustdev/documents/
agenda21/english/agenda21chapter26.htm

More information 45
World Conference on Human Rights (Vienna, 1993). Vienna Declaration and
Plan of Action: See Part I, para. 20; Part II, B 2 Indigenous Peoples—paras. 28,
31 (full and free participation) and 32 (recommending an international decade
of the world’s indigenous people and the establishment of a permanent forum for
indigenous people in the UN system. For the full text: http://www.unhchr.ch/
huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En
International Conference on Population and Development—ICPD (Cairo,
1994). The Programme of Action: see chapter 6, D on Indigenous People (paras.
6.21 to 6.27). For the full text: http://www.un.org/popin/icpd/conference/offeng/
poa.html
Fourth World Conference on Women (Beijing, 1995). Platform of action: Articles
32, 34, and 46. For the full text: http://www.un.org/womenwatch/daw/beijing/
platform/index.html
World Summit for Social Development (Copenhagen, 1995). Agreements of the
World Summit: see Introduction, Part C, Commitments 4 (f ) on identity and
culture; 5 (b) on empowerment of indigenous women and 6 (g) rights to educa-tion
and health. Programme of Action: chapter 1, para. 10 (i); chapter 2, B, paras.
32 (f ) on traditional rights to land and other resources, and 32 (h) on indigenous
traditional knowledge systems; C, para. 35 (e) on access to social services; D, para.
39 (g) on special needs of indigenous children; chapter 3, D, para. 61 on access
to employment; chapter 4, C, para. 74 (h) on basic education rights and D, para.
75 (g) on promoting and protecting indigenous peoples’ rights. For the full text:
http://www.un.org/esa/socdev/wssd/agreements/decparti.htm
World Education Forum (Dakar, Senegal, 2000). Dakar Framework for Action—
EFA 2015. See: http://www.unesco.org/education/efa/ed_for_all/dakfram_eng.
shtml.
World Millennium Summit (New York, 2000). Millennium Declaration
(MDGs). See: http://www.unmillenniumproject.org/goals/index.htm.
World Conference on Racism, Racial Discrimination, Xenophobia and Related
Intolerance (Durban, 2001). Durban Declaration, see: paras. 22, 23, 24, 39, 40,
41, 43 (recognizes relationship with and ownership of the land), 73 (language
rights). For the full text: http://www.unhchr.ch/pdf/Durban.pdf.
World Summit on Sustainable Development—WSSD—Rio + 5 (Johannes-burg,
2002). The Johannesburg Plan of Implementation (JPOI) (A/Conf.199/20),
see: paras. 7 (e) and (h), 20 (g), 37 (f ), 38 (i), 40 (d), (h), ®, 42 (e), 43 (b), 44 (j),
(k), (l), 45 and 45 (h), 46 (b), 53, 54 (h), 59 (b), 63, 64 (d), 70 (c), and 109 (a). For
the full text: http://www.un.org/esa/sustdev/documents/docs_key_conferences.
htm.
The World Summit on the Information Society—WSIS (Geneva 2003 and
Tunis 2005). Plan of Action: Section II, C1. para. 8 (f ); C4. para. 11 (i); C8.
para. 23 (d), (e), (k) on right to cultural diversity and identity. For the full text:
http://www.itu.int/wsis/docs/geneva/official/poa.html.
The 2005 Millennium Summit—MDGs + 5 (New York, 2005). Summit
outcome: paras 46, 56 (d) on sustainable development and (e) on indigenous
knowledge, 127 on commitment to the human rights of indigenous peoples. For

the full text: http://daccessdds.un.org/doc/UNDOC/GEN/N05/487/60/PDF/
N0548760.pdf?OpenElement.
International mechanisms specifically
targeting indigenous peoples
United Nations Permanent Forum on Indigenous Issues
The UNPFII Web site (http://www.un.org/esa/socdev/unpfii/index.html) has a wealth of
information on topics relevant for the situation of indigenous peoples (MDGs, women,
children and youth, etc.). Some of these topics have been the theme of an annual ses-sion,
and the background documents, together with the final report of the session, are
all available. The special themes have included Indigenous Children and Youth (2003),
Indigenous Women (2004), Millennium Development Goals and Indigenous Peoples with
a focus on Goal 1 to Eradicate Poverty and Extreme Hunger, and Goal 2 to Achieve Uni-versal
Primary Education (2005), The Millennium Development Goals and Indigenous
Peoples: Re-defining the Millennium Development Goals (2006), and Territories, Lands
and Natural Resources (2007). The special theme for the 2008 session will be: Climate
Change, Bio-cultural Diversity and Livelihoods: the Stewardship Role of Indigenous Peoples
and New Challenges.
UNPFII and its secretariat also organize meetings, seminars and conferences to
discuss specific issues in depth with indigenous and non-indigenous experts. Reports
from these gatherings are also available from the UNPFII website. Some of the more
recent are listed here:
Report of International Expert Workshop on Data Collection • and Disaggrega-tion
for Indigenous Peoples (January 2004). UN Doc E/C.19/2004/2.
• Report of International Expert Workshop on Methodologies regarding
Free Prior and Informed Consent and Indigenous Peoples (2005). UN Doc
E/C.19/2005/3.
• Report of International Expert Group Meeting on the Millennium Development
Goals, Indigenous Participation and Good Governance (January 2006). UN
Doc E/C.19/2006/9.
• Report of Workshop on Partnership Visions for the Second Decade of the World’s
Indigenous People (2006). UN Doc E/C.19/2006/Add.4
• Reports of a Meeting on Indigenous Peoples and Indicators of Well-being. UN
Docs E/C.19/2006/CRP.3, E/C.19/2007/CRP.2, CRP.3 and CRP.10, available
at www.un.org/esa/socdev/unpfii.
Working Group on Indigenous Populations (WGIP)
The Working Group was established in 1982 as a subsidiary organ to the Sub-
Commission
on the Promotion and Protection of Human Rights of the Commission
on Human Rights. One of the most accessible charter-based UN bodies for indigenous
peoples, the Working Group on Indigenous Populations for many years provided an
opportunity for indigenous peoples to share their experiences and raise their concerns
at the UN. The Working Group received and analysed oral and written information
on human rights abuses and violations presented to it by indigenous organizations,
Governments,
specialized agencies and other UN organs. It also gave particular atten-tion
to changes in international standards relating to the human rights of indigenous

More information 47
peoples. It produced some important studies, e.g., the “Study on Indigenous Peoples
and their Relationship to Land”, but the most important achievement has been the for-mulation
and adoption of the Draft Declaration on the Rights of Indigenous Peoples.
All documents related to the WGIP can be accessed at: http://www2.ohchr.org/
english/issues/indigenous/documents.htm.
The Working Group has recently been replaced by an Expert Mechanism of the
Human Rights Council (see 6.3.4 below).
Special Rapporteur on the situation of human rights
and fundamental freedoms of indigenous people
The Special Rapporteur mechanism for indigenous people was established by the Com-mission
on Human Rights (now Human Rights Council) in 2001 (Res/2001/57). Since
his appointment, the Special Rapporteur has concentrated on three main areas of work:
thematic research on issues that have an impact on the human rights situation and the
fundamental freedoms of indigenous peoples; country visits; and communications with
Governments concerning allegations of violations of human rights and fundamen-tal
freedoms of indigenous peoples worldwide. For more detailed information on the
Special Rapporteur and his work: http://www2.ohchr.org/english/issues/indigenous/
rapporteur/
The thematic reports have until now focused on: the impact of large-scale devel-opment
projects on human rights and fundamental freedoms of indigenous peoples and
communities (UN Doc E/CN.4/2003/90); the question of access to the administration of
justice by indigenous peoples and indigenous customary law (UN Doc E/CN.4/2004/80);
hindrances and inequalities that indigenous peoples face in relation to the access to and the
quality of education systems (UN Doc E/CN.2005/88); and the question of constitutional
reforms, legislation and implementation of laws regarding the promotion and protection of
rights of indigenous people and the effectiveness of their application, as well as on the imple-mentation
of international norms and decisions of bodies in charge of overseeing the respect
of relevant international treaties and conventions (UN Doc E/CN.4/2006/78).
In 2007, the Special Rapporteur presented a study regarding best practices car-ried
out to implement the recommendations contained in the annual reports of the Special
Rapporteur (UN Doc A/HRC/4/32/Add.4). He also presented a report on the various
trends that have affected the situation of the human rights of indigenous peoples dur-ing
the past 6 years.
The country reports have dealt with: Guatemala (UN Doc E/CN.4/2003/90/
Add.2) and the Philippines (UN Doc E/CN.4/2003/90/Add.3) in 2002; Mexico (UN
Doc E/CN.4/2004/80/Add.2) and Chile (UN Doc E/CN.4/2004/80/Add.3) in 2003;
Colombia (UN Doc E/CN.4/2005/88/Add.2) and Canada (UN Doc E/CN.4/2005/88/
Add.3) in 2004; South Africa (UN Doc E/CN.4/2006/78/Add.2) and New Zealand
(UN Doc E/CN.4/2006/78/Add.3) in 2005; and Ecuador (UN Doc A/HRC/4/32/
Add.2) and Kenya (UN Doc A/HRC/4/32/Add.3) in 2006. In 2007, the Rapporteur
issued a Report on the situation of human rights and fundamental freedoms of Indig-enous
Peoples in Asia (UN Doc A/HRC/6/15/Add.3).
The Special Rapporteur’s reports can be downloaded from: http://ap.ohchr.org/
documents/sdpage_e.aspx?m=73&t=9

Expert mechanism on the rights of indigenous peoples
This mechanism was established in December 2007 by the Human Rights Council.
Its mandate is to provide the Council with thematic expertise on the human rights of
indigenous peoples.
Second International Decade
of the World’s Indigenous People
The Second International Decade was launched in 2005 (General Assembly resolution
A/RES/59/174) and its Programme of Action (UN Doc A/60/270) can be downloaded
from: http://www.un.org/esa/socdev/unpfii/en/second.html
Regional bodies and indigenous rights
Organization of American States (OAS)
The web site is: http://www.oas.org/main/english/
The Working Group of the OAS Permanent Council is responsible for negotiat-ing
the Draft American Declaration on the Rights of Indigenous Peoples. The Draft
Declaration can be downloaded from: http://www.oas.org/consejo/CAJP/Indigenous.
asp.
The Inter-American system includes the following bodies:
• The Inter-American Commission on Human Rights promotes human rights
compliance and protection through research, reports and mainly through recom-mendations
to member States. It may also forward cases to the Inter-American
Court of Human Rights. The Commission elaborated the first draft of the Draft
Declaration in 1999. (http://www.cidh.oas.org/defaulte.htm)
• The Inter-American Court of Human Rights is an autonomous judicial institu-tion
whose purpose is the application and interpretation of the American Conven-tion
on Human Rights. (http://www.corteidh.or.cr/) The Court receives many
complaints from indigenous communities about alleged violations of human
rights. The Court’s decisions are binding upon states. On human rights mat-ters,
the Court is effectively the highest court of the Americas to which indig-enous
peoples can seek redress of their grievances. The Court’s Decisions can be
accessed at: http://www.corteidh.or.cr/casos.cfm.
In 2000, the Court issued its first judgment in favour of the rights of indigenous
peoples to their ancestral land, and two more were issued in 2006:
The Mayagna (Sumo) Awas Tingni Community v. Nicaragua, 2000.
The Yakye Axa Community v. Paraguay, 2006.
The Sawhoyamaxa Community v. Paraguay, 2006.
• The Inter-American Special Rapporteurship (on Migrant workers; Freedom of
Expression; and Rights of Women). The reports and other documents produced
by the Rapporteurs can be found at: http://www.cidh.oas.org/relatorias.eng.
htm

More information 49
The African Commission on
Human and Peoples’ Rights (ACHPR)
The African Commission on Human and Peoples’ Rights (http:/www.achpr.org)
adopted at its 28th ordinary session (2000) a “Resolution on the Rights of Indigenous
Populations/communities in Africa”. This resolution provided for the establishment of
a Working Group of Experts on Indigenous Populations/communities. In 2003 the
Working Group submitted in 2003 a report in accordance with the resolution. The
Report of the African Commission’s Working Group of Experts on Indigenous Popula-tions/
communities can be downloaded from:
http://www.achpr.org/english/_info/index_WGIP_Under_ent.htm
http://www.iwgia.org/sw249.asp
The mandate of the Working Group is similar to that of a Special Rapporteur and
it has developed a comprehensive work programme including country visits, sensitiza-tion
seminars, information activities and research. For more background information:
http://www.iwgia.org/sw2073.asp. For country reports and other relevant documen-tation,
go to: http://www.achpr.org/english/_info/reports_en.html; http://www.iwgia.
org/sw8776.asp
Donor policies and experiences
Many multi- and bilateral donor agencies have institutional policies and related websites
on indigenous issues. Here are some examples of websites, followed by some documents
that are accessible on the web:
• Asian Development Bank (1998). The Bank’s Policy on Indigenous Peoples. http://
www.adb.org/Documents/Policies/Indigenous_Peoples/ippp-007.asp
______ (2006). Operations Manual Related to Indigenous Peoples (OM/F3) http://
www.adb.org/Documents/Manuals/Operations/OMF03-25Sep06.pdf
______ (2007). Sharing Development with Indigenous Peoples. http://www.adb.
org/IndigenousPeoples/default.asp
• Danish Ministry of Foreign Affairs—Danida (2004). Strategy for Danish Sup-port
to Indigenous Peoples. http://amg.um.dk/en/menu/policiesandstrategies/
indigenouspeoples
• European Union (1998). Council Resolution on Support to Indigenous Peoples
within the Framework of the Development Cooperation of the EU and Member
States. http://www.europa.eu.int/comm/external_relations/human-rights/ip/ip
• Forum for Development Cooperation with Indigenous Peoples. http://www.
sami.uit.no/forum/indexen.html
• GTZ (German Federal Agency for International Cooperation): http://www.gtz.
de/indigenas/
• IFAD (International Fund for Agricultural Development) (2006). IFAD’s Engage-ment
with Indigenous Peoples: http://www.ifad.org/gbdocs/eb/88/e/EB-2006-
88-R-34.pdf. See also: http://www.ifad.org/english/indigenous/index.htm
• Inter-American Development Bank (2006). Operational Policy on Indigenous
Peoples (OP 765) Strategy for Indigenous Development. http://www.iadb.org/sds/
IND/site_401_e.htm
______ Database on indigenous legislation, which permits thematic search. http://
www.iadb.org/sds/IND/ley/leyn/datamap.cfm?lang=EN

• NORAD (Norwegian Agency for Development): http://norad.no/default.asp?V_
ITEM_ID=1632
• Spanish Agency for International Cooperation: Indigenous Programme: http://
www.aeci.es/03coop/4program_coop/indigena/00index.htm
• UNDP. See: http://www.undp.org/partners/cso/indigenous.shtml
• World Bank: On Indigenous Peoples in general, consult: http://web.worldbank.org/
WBSITE/EXTERNAL/TOPICS/EXTSOCIALDEVELOPMENT/EXTIND
PEOPLE/0,,menuPK:407808~pagePK:149018~piPK:149093~theSitePK:
407802,00.html
Operational Policy 4.10 and Bank Procedures 4.10 (2005). http://web.world
bank.org/WBSITE/EXTERNAL/PROJECTS/EXTPOLICIES/EXTOP
MANUAL/0,,contentMDK:20553653~pagePK:64141683~piPK:64141620~
theSitePK:502184,00.html
Chakma, Prasenjit (2006). Integration of Indigenous Peoples’ Perspective in Country
Development Processes: Review of selected CCAs and UNDAFs. SPFII, April 2006.
http://www.un.org/esa/socdev/unpfii/en/publications.html
López, Mariana (2006). Desk Reviews of Selected CCA/UNDAFs. SPFII, April 2006
(available in English and Spanish). http://www.un.org/esa/socdev/unpfii/en/
publications.html
OHCHR (2004). Human Rights–based Approach to Development: Good Practices and Les-sons
Learned from the 2003 CCAs and UNDAFs. http://www.undg.org/?P=221
SPFII (2007). Desk Reviews of Selected Resident Coordinator Reports. http://www.un.org/
esa/socdev/unpfii/en/publications.html
______ Desk Reviews of MDG Country Reports. http://www.un.org/esa/socdev/
unpfii
Special issues
Here are a few suggestions for further information and documentation. The list is far
from being exhaustive and can easily be supplemented by, e.g., consulting the various
Web sites mentioned in this document.
African Commission on Human and Peoples’ Rights (2005). Report of the African
Commission’s Working Group of Experts on Indigenous Populations/communi-ties,
submitted in accordance with the “Resolution on the Rights of Indigenous
Populations/communities in Africa” adopted by the African Commission on
Human and Peoples’ Rights at its 28th ordinary session, 2003. ACHPR and
IWGIA. Can be downloaded from: http://www.achpr.org/english/_info/index_
WGIP_Under_ent.htm, and http://www.iwgia.org/sw249.asp
Asian Development Bank (1998).The Bank’s Policy on Indigenous Peoples—Definition
of Indigenous Peoples. http://www.adb.org/Documents/Policies/Indigenous_
Peoples/ippp-002.asp
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Printed in United Nations, New York United Nations publication
08-28427—August 2008—2,000

Resource Kit on Indigenous Peoples Issues

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