67-540: There is no generally accepted definition of Indigenous peoples , although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under a dominant cultural model. Estimates of the population of Indigenous peoples range from 250 million to 600 million. There are some 5,000 distinct Indigenous peoples spread across every inhabited climate zone and inhabited continent of
134-532: A definition of Indigenous peoples stating that, "such a definition is not necessary for purposes of protecting their human rights." In determining coverage of Indigenous peoples, the commission uses the criteria developed in documents such as ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples. The commission states that self-identification as indigenous
201-490: A deliberate strategy in defending their claims against European rivals. Although the establishment of colonies throughout the world by various European powers aimed to expand those powers' wealth and influence, settler populations in some localities became anxious to assert their own autonomy. For example, settler independence movements in thirteen of the British American colonies were successful by 1783, following
268-531: A dominant cultural model. No definition of Indigenous peoples has been adopted by a United Nations agency. The Secretariat of the Permanent Forum on Indigenous Issues states, "in the case of the concept of 'indigenous peoples', the prevailing view today is that no formal universal definition of the term is necessary, given that a single definition will inevitably be either over- or under-inclusive, making sense in some societies but not in others." However,
335-662: A forerunner of the Declaration on the Rights of Indigenous Peoples . It was established in 1989, with the preamble stating: Noting the international standards contained in the Indigenous and Tribal Populations Convention and Recommendation, 1957, and Recalling the terms of the Universal Declaration of Human Rights , the International Covenant on Economic, Social and Cultural Rights ,
402-591: A form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures," such as logging, agribusiness or mining projects in Indigenous territories. There were already several examples of the successful use of the ILO Convention in Chile, like the case of a Machi woman who brought legal action to protect a plot of land with herbs used for medicinal purposes, which
469-434: A number of UN agencies have provided statements of coverage for particular international agreements concerning Indigenous peoples or "working definitions" for particular reports. The International Labour Organization's (ILO) Indigenous and Tribal Peoples Convention, 1989 (ILO Convention No. 169), states that the convention covers: peoples in independent countries who are regarded as indigenous on account of their descent from
536-623: A particular place – indeed how we/they came to be a place. Our/their relationships to land comprise our/their epistemologies, ontologies, and cosmologies". Indigenous peoples such as the Maasai and the Māori have oral traditional histories involving migration to their current location from somewhere else. Anthropologist Manvir Singh states that the term may lack coherence, pointing to inconsistencies in which ethnic groups are called Indigenous or not, and notes several scholars who suggest that it instead acts as
603-520: A personal capacity and are not considered to represent their countries of origin but rather "all the member countries of the Organization" (Art. 35 of the convention). The convention (Art. 34) says that they must "be persons of high moral character and recognized competence in the field of human rights". No two nationals of the same member state may be commissioners simultaneously (Art. 37), and commissioners are required to refrain from participating in
670-533: A relabeling of discredited and colonial ideas about "primitive" people. Singh states that some Indigenous people argue that the term and identity has resulted in pressure to appear "primordial" and "unchanging", and erases complex and modern identities. Other views It is sometimes argued that all Africans are Indigenous to Africa, all Asians are Indigenous to parts of Asia, or that there can be no Indigenous peoples in countries which did not experience large-scale Western settler colonialism. Many countries have avoided
737-586: A settler colony in Brazil. In 1532, the first African slaves were transported directly to the Americas. The trade in slaves expanded sharply in the 17th century, with the involvement of the French, Dutch and English, before declining in the 19th century. At least 12 million slaves were transported from Africa. The slave trade increased inter-tribal warfare and stunted population growth and economic development in
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#1732765758178804-599: A water flow of 9 liters per second to Chusmiza and Usmagama communities. The legal dispute had dragged on for 14 years, and centers on community water rights in one of the driest deserts on the planet. The Supreme Court decision on Aymara water rights upholds rulings by both the Pozo Almonte tribunal and the Iquique Court of Appeals, and marks the first judicial application of ILO Convention 169 in Chile. Before this decision, some protests had escalated over
871-550: A way of linking the experiences, issues, and struggles of groups of colonized people across international borders. At this time 'indigenous people(s)' also began to be used to describe a legal category in Indigenous law created in international and national legislation. The use of the plural 'peoples' recognizes the cultural differences between various Indigenous peoples. The first meeting of the United Nations Working Group on Indigenous Populations (WGIP)
938-536: Is a fundamental criterion. The World Bank states, "Indigenous Peoples are distinct social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced." Amnesty International does not provide a definition of Indigenous peoples but states that they can be identified according to certain characteristics: Academics and other scholars have developed various definitions of Indigenous peoples. In 1986–87, José Martínez Cobo, developed
1005-464: Is no generally accepted definition of Indigenous peoples in the United Nations or international law. Various national and international organizations, non-government organizations, governments, Indigenous groups and scholars have developed definitions or have declined to provide a definition. As a reference to a group of people, the term "indigenous" was first used by Europeans to differentiate
1072-552: Is rarely used in Europe, where very few indigenous groups are recognized, with the exception of groups such as the Sámi . Indigenous and Tribal Peoples Convention, 1989 The Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention , also known as ILO Convention 169 , or C169 . It is the major binding international convention concerning Indigenous peoples and tribal peoples , and
1139-692: The American Convention on Human Rights . The Convention defines the human rights that the states parties are required to respect and guarantee, and it also ordered the establishment of the Inter-American Court of Human Rights . It is currently binding on 24 of the OAS's 35 member states. The commission's performance has not been always welcomed. Among others, Venezuela has accused the Commission of politicization. Others criticize
1206-814: The American Revolutionary War . This resulted in the establishment of the United States of America as an entity separate from the British Empire . The United States continued and expanded European colonial doctrine through adopting a version of the discovery doctrine as law in 1823 with the US Supreme Court case Johnson v. McIntosh . Statements at the Johnson court case illuminated the United States' support for
1273-546: The Guanche of the Canary Islands resisted Spanish attempts at colonization. The islands finally came under Spanish control in 1496. Mohamed Adhikari has called the conquest of the islands a genocide . Early 15th-century Portuguese exploration of the west coast of Africa was motivated by a quest for gold and crusading against Islam. Portugal's first attempt at colonization in what is now Senegal ended in failure. In
1340-403: The International Covenant on Civil and Political Rights , and the many international instruments on the prevention of discrimination , and Considering that the developments which have taken place in international law since 1957, as well as developments in the situation of indigenous and tribal peoples in all regions of the world, have made it appropriate to adopt new international standards on
1407-775: The 1470s, the Portuguese established a fortified trading post on the West coast of Africa, south of the Akan goldfields. The Portuguese engaged in extensive trade of goods for gold and, in later years, slaves for their sugar plantations in the islands off West Africa and in the New World. In 1488, Portuguese ships rounded the Cape of Good Hope and by the 17th century, Portugal had established seaborn trading routes and fortified coastal trading posts from West Africa to India and Southern China, and
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#17327657581781474-571: The 17th and 18th centuries, had extensive contact with Europeans when the continent was progressively colonized by the British from 1788. During colonization, the Aboriginal people experienced depopulation from disease and settler violence, dispossession of their land, and severe disruption of their traditional cultures. By 1850, indigenous peoples were a minority in Australia. From the 15th to
1541-476: The 1989 Convention " denounced " the 1957 Convention. The ILO 169 convention is the most important operative international law guaranteeing the rights of Indigenous and tribal peoples. Its strength, however, is dependent on a high number of ratifications among nations. The revision to the Convention 107 forbade governments from pursuing approaches deemed integrationist and assimilationist . It asserts
1608-635: The 19th centuries, European powers used a number of rationales for the colonization of newly encountered lands populated by indigenous peoples. These included a duty to spread the Gospel to non-Christians, to bring civilization to barbarian peoples, a natural law right to explore and trade freely with other peoples, and a right to settle and cultivate uninhabited or uncultivated land which they considered terra nullius ("no one's land"). Robert J. Miller, Jacinta Ruru, Larissa Behrendt and Tracey Lindberg argue that European powers rationalized their colonization of
1675-622: The 21st century, Indigenous groups and advocates for Indigenous peoples have highlighted numerous apparent violations of the rights of Indigenous peoples. Indigenous is derived from the Latin word indigena , meaning "sprung from the land, native". The Latin indigena is based on the Old Latin indu "in, within" + gignere "to beget, produce". Indu is an extended form of the Proto-Indo-European en or "in". There
1742-516: The Arab invasions of North Africa in the 7th century, many Berbers were enslaved or recruited into the army. The majority of Berbers, however, remained nomadic pastoralists who also engaged in trade as far as sub-Saharan Africa. Coptic Egyptians remained in possession of their lands and many preserved their language and Christian religion. By the 10th century, however, the majority of the population of north Africa spoke Arabic and practiced Islam. From 1402,
1809-565: The French. The indigenous inhabitants of the Hawaiian Islands first encountered Europeans in 1778 when Cook explored the region. Following increasing contact with European missionaries, traders and scientific expeditions, the indigenous population fell before their lands were annexed by the United States in 1893. The Māori of New Zealand also had sporadic encounters with Europeans in the 17th and 18th centuries. Following encounters with Cook's exploration parties in 1769–70, New Zealand
1876-464: The Indigenous peoples of the Americas from enslaved Africans. The first known use was by Sir Thomas Browne in 1646, who wrote "and although in many parts thereof there be at present swarms of Negroes serving under the Spaniard , yet were they all transported from Africa , since the discovery of Columbus ; and are not indigenous or proper natives of America ." In the 1970s, the term was used as
1943-589: The New World by the discovery doctrine , which they trace back to papal decrees authorizing Spain and Portugal to conquer newly discovered non-Christian lands and convert their populations to Christianity. Kent McNeil, however, states, "While Spain and Portugal favoured discovery and papal grants because it was generally in their interests to do so, France and Britain relied more on symbolic acts, colonial charters, and occupation." Benton and Strauman argue that European powers often adopted multiple, sometimes contradictory, legal rationales for their acquisition of territory as
2010-584: The Spanish to end Aztec rule. The Spanish incursions led to the conquest of the Aztec Empire and its fall. The Cempoalans, Tlaxcalans and other allies of the Spanish were given some autonomy, but the Spanish were de facto rulers of Mexico. Smallpox devastated the indigenous population and aided the Spanish conquest. In 1530, the Spanish sailed south from Panama to the lands of the Inca Empire in
2077-710: The St Lawrence river to the Great Lakes and down the Mississippi to Louisiana. English and Dutch settlements multiplied down the Atlantic coast from modern Massachusetts to Georgia. Native peoples formed alliances with the Europeans in order to promote trade, preserve their autonomy, and gain allies in conflicts with other native peoples. However, horses and new weapons made inter-tribal conflicts more deadly and
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2144-445: The United Nations (UN) adopted a Declaration on the Rights of Indigenous Peoples including their rights to self-determination and to protect their cultures, identities, languages, ceremonies, and access to employment, health, education and natural resources. Indigenous peoples continue to face threats to their sovereignty, economic well-being, languages, cultural heritage, and access to the resources on which their cultures depend. In
2211-858: The ancestors of the Greeks , or as an earlier group of people who inhabited Greece before the Greeks. The disposition and precise identity of this former group is elusive, and sources such as Homer , Hesiod and Herodotus give varying, partially mythological accounts. Dionysius of Halicarnassus in his book, Roman Antiquities , gives a synoptic interpretation of the Pelasgians based on the sources available to him then, concluding that Pelasgians were Greek. In European late antiquity, many Berbers , Copts and Nubians of north Africa converted to various forms of Christianity under Roman rule, although elements of traditional religious beliefs were retained. Following
2278-444: The basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems. Martínez Cobo states that the following factors are relevant to historical continuity: occupation of ancestral lands, or at least of part of them; common ancestry with the original occupants of these lands; cultural factors such as religion, tribalism, dress, etc.; language; residence in certain parts of
2345-684: The circumstances of the people would allow them to exercise. ... [This loss of native property and sovereignty rights was justified, the Court said, by] the character and religion of its inhabitants ... the superior genius of Europe ... [and] ample compensation to the [Indians] by bestowing on them civilization and Christianity, in exchange for unlimited independence. Estimates of the population of Indigenous peoples range from 250 million to 600 million. The United Nations estimates that there are over 370 million Indigenous people living in over 90 countries worldwide. This would equate to just fewer than 6% of
2412-501: The city of San José, Costa Rica . Together the Court and the Commission make up the human rights protection system of the OAS. The IACHR is a permanent body, with headquarters in Washington, D.C. , United States, and it meets in regular and special sessions several times a year to examine allegations of human rights violations in the hemisphere. Its human rights duties stem from three documents: The inter-American system for
2479-798: The commission's stress on certain issues over others. These criticisms have given rise to what was called the "Strengthening Process of the Commission". This process began in 2011, led by the States belonging to the Bolivarian Alliance for the Americas . The main task of the IACHR is to promote the observance and defense of human rights in the Americas . In pursuit of this mandate it: The IACHR has created several thematic rapporteurships and two special rapporteurships to monitor OAS states' compliance with inter-American human rights treaties in
2546-573: The conquest of Peru. In the 1560s, the Spanish established colonies in Florida and in 1598 founded a colony in New Mexico. However, the heartland of the Spanish colonies remained New Spain (including Mexico and most of Central America) and Peru (including most of South America). In the 17th century, French, English and Dutch trading posts multiplied in northern America to exploit whaling, fishing and fur trading. French settlements progressed up
2613-539: The country, or in certain regions of the world; and other relevant factors. In 2004, James Anaya , defined Indigenous peoples as "living descendants of pre-invasion inhabitants of lands now dominated by others. They are culturally distinct groups that find themselves engulfed by other settler societies born of forces of empire and conquest". In 2012, Tuck and Yang propose a criterion based on accounts of origin: "Indigenous peoples are those who have creation stories, not colonization stories, about how we/they came to be in
2680-445: The discussion of cases involving their home countries. Source of IACHR Composition. The staff of the IACHR comprise its Secretariat, which is led by an Executive Secretary, who serves for what have recently been four-year, renewable contracts. In August 2020, OAS Secretary General Luis Almagro announced that he would not renew Paulo Abrão's contract as Executive Secretary of the IACHR, citing 61 personnel complaints by staff of
2747-405: The failure to respect the Convention 169 in Chile. Mapuche leaders filed an injunction against Michelle Bachelet and minister of the presidency José Antonio Viera Gallo , who is also coordinator of Indigenous affairs, with the argument that the government had failed to fully comply with the Convention 169 clause on the right to "prior consultation", which must be carried out "in good faith and in
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2814-524: The following "working definition" : Indigenous communities, peoples, and nations are those that, having a historical 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
2881-471: The following areas: The Special Rapporteur for Freedom of Expression and the Special Rapporteur for Economic, Social, Cultural, and Environmental Rights [ es ] are full-time dedicated positions. The former was created in 1997, while the latter was established in 2017, with Soledad García Muñoz of Argentina as the first holder of the office. The other rapporteurships are in
2948-721: The hands of the commissioners, who have other functions at the IACHR and also their own jobs in their home countries, since their work as commissioners is unpaid. Rapporteurships are initially established by the commission as thematic units prior to being upgraded to rapporteurships. The IACHR also has a Press and Outreach Office. The Commission processes petitions lodged with it pursuant to its Rules of Procedure. Petitions may be filed by NGOs or individuals. Unlike most court filings, petitions are confidential documents and are not made public. Petitions must meet three requirements; domestic remedies must have already been tried and failed (exhaustion), petitions must be filed within six months of
3015-592: The human rights situation in the Dominican Republic in 1961. A major step in the development of the system was taken in 1965 when the commission was expressly authorized to examine specific cases of human rights violations. Since that date the IACHR has received thousands of petitions and has processed in excess of 12,000 individual cases. In 1969, the guiding principles behind the American Declaration were taken, reshaped, and restated in
3082-524: The last action taken in a domestic system (timeliness), petitions can not be before another court (duplication of procedure). Once a petition has been filed, it follows the following procedure: The IACHR's ranking officers are its seven commissioners. The commissioners are elected by the OAS General Assembly , for four-year terms, with the possibility of re-election on one occasion, for a maximum period in office of eight years. They serve in
3149-460: The local environment and disrupted traditional agriculture and hunting practices. The indigenous populations of the Pacific had increasing contact with Europeans in the 18th century as British, French and Spanish expeditions explored the region. The natives of Tahiti had encounters with the expeditions of Wallis (1766), Bougainville (1768), Cook (1769) and many others before being colonized by
3216-548: The national community and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations." The convention states that self-identification as indigenous or tribal is a fundamental criterion for determining the groups to which the convention applies. The UN Declaration on the Rights of Indigenous Peoples does not define Indigenous peoples but affirms their right to self-determination including determining their own identity. The Inter-American Commission on Human Rights does not provide
3283-554: The native population and forced others to work on farms and gold mines in a system of labor called encomienda . Spanish settlements spread from Hispaniola to Puerto Rico, the Bahamas and Cuba, leading to a severe decline in the Indigenous populations from disease, malnutrition, settler violence and cultural disruption. In the 1520s, the peoples of Mesoamerica encountered the Spanish who entered their lands in search of gold and other resources. Some indigenous peoples chose to ally with
3350-439: The native population to a minority. By 1800 the population of North America comprised about 5 million Europeans and their descendants, one million Africans and 600,000 indigenous Americans. Native populations also encountered new animals and plants introduced by Europeans. These included pigs, horses, mules, sheep and cattle; wheat, barley, rye, oats, grasses and grapevines. These exotic animals and plants radically transformed
3417-421: The native population was devastated by introduced diseases. Native peoples also experienced losses from violent conflict with the colonists and the progressive dispossession of their traditional lands. In 1492, the population of the Americas as a whole was about 50 to 100 million. By 1700, introduced diseases had reduced the native population by 90%. European migration and transfer of slaves from Africa reduced
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#17327657581783484-578: The organization. The Commissioners of the IACHR had unanimously approved the contract extension in January 2020, and expressed their "profound rejection" of Almagro's action "whose refusal to renew this contract breaks with a 20-year practice of respecting the IACHR's decision to appoint its own Executive Secretary and thus makes it difficult to obtain truth, justice, and reparation for those whose labor rights have been affected." UN High Commissioner for Human Rights Michelle Bachelet , Human Rights Watch , and
3551-556: The populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonisation 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. The convention also covers "tribal peoples" who are distinguished from Indigenous peoples and described as "tribal peoples in independent countries whose social, cultural and economic conditions distinguish them from other sections of
3618-468: The principles of the discovery doctrine: The United States ... [and] its civilized inhabitants now hold this country. They hold, and assert in themselves, the title by which it was acquired. They maintain, as all others have maintained, that discovery gave an exclusive right to extinguish the Indian title of occupancy, either by purchase or by conquest; and gave also a right to such a degree of sovereignty, as
3685-554: The protection of human rights emerged with the adoption of the American Declaration of the Rights and Duties of Man by the OAS in April 1948 – the first international human rights instrument of a general nature, predating the Universal Declaration of Human Rights by more than six months. The IACHR was created in 1959. It held its first meeting in 1960, and it conducted its first on-site visit to inspect
3752-525: The rights of Indigenous and tribal peoples to choose to integrate or to maintain their cultural and political independence. Articles 8–10 recognize the cultures, traditions, and special circumstances of Indigenous tribal peoples. In November 2009, a court decision in Chile , considered to be a landmark in Indigenous rights concerns, made use of the ILO convention law. The court ruled unanimously in favor of granting
3819-405: The same degree as the rest of the population of the States within which they live, and that their laws, values, customs and perspectives have often been eroded, and... The convention is made of a Preamble, followed by forty-four articles, divided in ten parts. These are: This convention revised Convention C107, the Indigenous and Tribal Populations Convention, 1957 . Some of the nations ratifying
3886-475: The subject with a view to removing the assimilationist orientation of the earlier standards, and Recognising the aspirations of these peoples to exercise control over their own institutions, ways of life and economic development and to maintain and develop their identities, languages and religions, within the framework of the States in which they live, and Noting that in many parts of the world these peoples are unable to enjoy their fundamental human rights to
3953-860: The term Indigenous peoples or have denied that Indigenous peoples exist in their territory, and have classified minorities who identify as Indigenous in other ways, such as 'hill tribes' in Thailand, 'scheduled tribes' in India, 'national minorities' in China, 'cultural minorities' in the Philippines, 'isolated and alien peoples' in Indonesia, and various other terms. Greek sources of the Classical period acknowledge Indigenous people whom they referred to as " Pelasgians ". Ancient writers saw these people either as
4020-496: The three other official languages – Spanish, French, and Portuguese – CIDH , Comisión Interamericana de los Derechos Humanos , Commission Interaméricaine des Droits de l'Homme , Comissão Interamericana de Direitos Humanos ) is an autonomous organ of the Organization of American States (OAS). The separate Inter-American Court of Human Rights is an autonomous judicial institution based in
4087-632: The total world population. This includes at least 5,000 distinct peoples. As there is no universally accepted definition of Indigenous Peoples, their classification as such varies between countries and organizations. In the Americas, Australia and New Zealand, Indigenous status is often applied unproblematically to groups descended from the peoples who lived there prior to European settlement. However, In Asia and Africa, Indigenous status has sometimes been rejected by certain peoples, denied by governments or applied to peoples who may not be considered "Indigenous" in other contexts. The concept of indigenous peoples
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#17327657581784154-575: The west African interior. Indigenous encounters with Europeans increased during the age of discovery . The Europeans were motivated by a range of factors including trade, the exploitation of natural resources, spreading Christianity, and establishing strategic military bases, colonies and settlements. From 1492, the Arawak peoples of the Caribbean islands encountered Spanish colonizers initially led by Christopher Columbus . The Spanish enslaved some of
4221-469: The west of South America. The Inca, weakened by a smallpox epidemic and civil war, were defeated by the Spanish at Cajamarca in 1532, and the emperor Atahualpa was captured and executed. The Spanish appointed a puppet emperor and captured the Inca capital of Cuzco with the support of a number of native peoples. The Spanish established a new capital in 1535 and defeated an Inca rebellion in 1537, thus consolidating
4288-732: The world. Most Indigenous peoples are in a minority in the state or traditional territory they inhabit and have experienced domination by other groups, especially non-Indigenous peoples. Although many Indigenous peoples have experienced colonization by settlers from European nations, Indigenous identity is not determined by Western colonization. The rights of Indigenous peoples are outlined in national legislation, treaties and international law. The 1989 International Labour Organization (ILO) Convention on Indigenous and Tribal Peoples protects Indigenous peoples from discrimination and specifies their rights to development, customary laws, lands, territories and resources, employment, education and health. In 2007,
4355-588: Was on 9 August 1982 and this date is now celebrated as the International Day of the World's Indigenous Peoples . In the 21st century, the concept of Indigenous peoples is understood in a wider context than only the colonial experience. The focus has been on self-identification as indigenous peoples, cultural difference from other groups in a state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under
4422-544: Was threatened by the forest industry. Some concerns were however raised at the time over the political framework of the government being brought in line with the convention, and not the other way around. [REDACTED] Africa [REDACTED] Eurasia [REDACTED] North America [REDACTED] Oceania [REDACTED] South America Inter-American Commission on Human Rights The Inter-American Commission on Human Rights (the IACHR or, in
4489-504: Was visited by numerous European and North American whaling, sealing, and trading ships. From the early 19th century, Christian missionaries began to settle New Zealand, eventually converting most of the Māori population. The Māori population declined to around 40% of its pre-contact level during the 19th century; introduced diseases were the major factor. New Zealand became a British Crown colony in 1841. The Aboriginal inhabitants of Australia, after brief encounters with European explorers in
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