A PROLOGUE
1. The International Day of the World’s Indigenous People: Following the United Nations General Assembly resolution 49/214 of 23rd December 1994 it was decided to observe it every on 9th August 1995 during the International Decade of the World’s Indigenous People. Its main focus was to promote and protect the rights of the indigenous peoples worldwide and to spread awareness, respect and appreciate indigenous peoples’ diversity, culture, heritage and its contribution to humanity.
The resolution to observe the Indigenous Day and the declaration of the International Decade for Indigenous people entails the Indigenous peoples’ issue and struggle worldwide . It could no longer be ignored signifying an international interest, concern aswell as responsibility to mobilize for action. It was also in recognition of a new approach to the indigenous issue worldwide.
2. International Decade of the World’s Indigenous People: To increase the UN’s commitment to promote and protect the rights of the indigenous people, the General Assembly in 1994 proclaimed the International Decade of the World's Indigenous Peoples (1995-2004). The theme of the Decade was "Indigenous People: Partnership Inaction”. One of the main objectives was to increase visibility and awareness of the indigenous peoples’ issue at international, regional and their respective national level and to develop equitable relationships. It also explored ways to give a permanent forum to represent their interests in the UN and its major bodies. Some of the main goals during this decade were participation of indigenous people in the planning, implementation and evaluation of projects on health, education, development as well as the environment that promoted the protection of indigenous peoples and their traditional customs, values and practices.
3. The Second Decade of the Worlds’ Indigenous People (2005-2015): The second Decade was proclaimed by the General Assembly with the theme “Partnership for Action and Dignity”. The goal of the decade is to further address the problems faced by the indigenous on issues regarding culture, education, health and human rights through various means of specific actions and projects and assistance by strengthening international cooperation. The five objectives of the Decades can be summarized as:
i. Promoting non-discrimination and inclusion
ii. Promoting full and effective participation in decision-making in any aspects of their lives including their traditional land, territories, their cultural integrity as indigenous peoples with collective rights considering the principle of free, prior and informed consent (FPIC).
iii. Re-define development policy from a vision of social equality and cultural integrity.
iv. Adopt targeted policies with an emphasis on indigenous women, children and youth.
v. Develop strong monitoring mechanisms and enhance accountability at all levels regarding the implementation of a legal policy and operational framework to protect indigenous peoples.
4. UN Permanent Forum on Indigenous Issues (UNPFII): In April 2000, the Commission on Human Rights adopted a resolution to establish the UNPFII. In 2002, the UNPFII Secretariat was established by the General Assembly at the UN Headquarters in New York. The mandate of the Permanent Forum is to discuss issues related to indigenous at every level.
5. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 2007: UNDRIP was adopted by the General Assembly in September 2007. The Declaration has 46 Articles. It was a culmination of over two decades of arduous work and negotiation beginning with the Working Group drafting the Declaration in 1985. Despite various critique the Declaration is the first ‘universally-recognized’ text that deals exclusively with indigenous peoples. The Declaration recognizes and addresses the basic principles of equality, human rights- both individual as well as collective rights, non-discrimination, land rights, cultural rights and diversity, self-determination as opposed to forced assimilation and the right to exist as a distinct people. It gives the right to indigenous people divided by international borders to maintain relationships at every level in which the State should also facilitate this right and exercise. It also challenges the huge gender disparity found in indigenous customs and practices.
6. Who Are the Indigenous People: Given the varying historical experiences and context, there is no consensus as to a single definition nor is there any official definition of Indigenous Peoples albeit various definitions and interpretations exist. Indigenous depending on the context and region are interchangeably referred to as the Fourth World, the First Nation, the aboriginals, the adivasis, the scheduled tribes, tribals, hill-peoples, etc. The UN Permanent Forum on Indigenous Issue Fact sheet in 2007 developed a broad understanding of the term based on the following:
• Self-identification as indigenous peoples at the individual level and accepted by the community as a member.
• Historical continuity with pre-colonial and/or pre-settler societies
• Strong links to territories and surrounding natural resources
• Distinct social, economic or political systems
• Distinct language, culture and beliefs
• Form non-dominant groups of society
• Resolve to maintain and reproduce their ancestral environments and systems as distinctive peoples and communities.
The United Nations Development Group in 2009 identified the following as basic rights and principles for Indigenous peoples:
• Non-Discrimination,
• Equality
• Gender-Equality
• Self-determination
• Collective rights
• Right to development
7. Understanding Indigenous in an African/Asian Context: The concept of Indigenous peoples initially developed as a direct result of colonization, conquest and settlement in the Americas and Oceania by European settlers. In this light many States in Africa and Asia including India argue that the concept of indigenous has little relevance in their country since the Asians and Africans are indigenous to their respective countries. However it is clear that domination, displacement and exclusion of marginalized, non-dominant group of peoples is practiced and widely prevalent in these regions and it is in this context that indigenous people of these regions have mobilized and reacted. The criteria of self-identification and the position of non-dominance of the indigenous peoples have taken prominence as well.
8. India and the Indigenous People: India does not acknowledge the presence of indigenous peoples. Rather, the Government of India (GoI) classifies indigenous peoples as ‘Scheduled tribes’, which is their Constitutional status. Before the term ‘scheduled tribe’ was designated in 1950, it was referred to at various stages as ‘forest tribe’, ‘primitive tribe’, ‘backward tribe’, etc , According to the 2001 census, 84.43 million were classified ‘Scheduled Tribe’ constituting 8.2 % of the Indian population.
The term ‘tribe’ is not defined anywhere in the Indian Constitution, rather it categorises the indigenous peoples in terms of economic backwardness with a primitive living standard and who are not necessarily Hindus nor Muslim by religion. In this light, Prominent Professor of Law Patrick Thornberry argues that ST and Scheduled caste rather than based on ethnic groupings, is rather depicted as a social and economic issue. The Ministry of Tribal Affairs in its Annual Report 2005-2006 stated the criteria and common characteristics applied for the specification of ST as: (i) indication of primitives traits, (ii) distinctive culture, (iii) geographical isolation,(iv) shyness of contact with the community at large, and (v) backwardness.
9. Indigenous Peoples in the Naga Context: The restriction of indigenous peoples primarily within the economic compartment by GoI overlooks the cultural and political underpinning of the Naga indigenous peoples. Therefore the understanding of Naga peoples by GoI within the specification of ST is not only restrictive but fundamentally flawed which is amply displayed by its policies and approaches to the Naga problem. Nagas are indigenous peoples not because the Constitution classified the Nagas as ‘Schedule Tribe’. The Nagas are indigenous because of their historical continuity found through their territorial attachment; their self-identification as indigenous peoples and acknowledgement by other communities as one; their distinct culture, belief-system, identity and political system, and their desire to remain a distinctive people as expressed in their self-determination.
10. Some facts about the Indigenous Peoples Worldwide:
i. There are over 370 million indigenous peoples worldwide, found in every region and living in more than 70 countries
ii. Indigenous people constitute 5% of the global population, yet constitute one third of the world’s 900 million extremely poor rural people.
iii. 70% of the indigenous peoples lives in Asia. With over 84.43 million indigenous population, India has the largest concentration of indigenous people. 12% of people are found in North east India (NEI).
iv. Indigenous people nurture 80% of the world’s cultural and biological diversity.
v. Two centuries ago indigenous people lived in most of the earth’s ecosystems. Indigenous people today have the legal right to use only about 6% of the planet’s land and in many cases their rights are partial or qualified.
vi. Indigenous peoples speak a great majority of the world’s 6,000 to 7,000 languages. A majority are in danger of becoming extinct, with some 90 % possibly doomed within the next 100 years. About 97 % of the world’s population currently speaks 4 % of its languages, while only 3% speak 96% of them.
vii. In Australia some 500 languages have been lost since Europeans arrived on the Continent.
viii. In some countries like Bolivia and Guatemala, Indigenous Peoples form the majority of the population.
ix. In countries like India, Bangladesh, Norway and USA they comprise small minorities.
x. Indigenous Peoples and their society are not static. Over the centuries they have always adapted to the changes in the world.
xi. Some indigenous peoples are concerned with preserving land, protecting language and promoting culture and traditional ways of life.
xii. Some indigenous peoples seek greater participation in the current state structures.
xiii. Some Indigenous Peoples strive for self-determination.
xiv. Indigenous peoples suffer higher rates of poverty, landlessness, malnutrition and internal displacement than other members of society, and they have lower levels of literacy and less access to health services
xv. At present, 21 out of 28 (excluding Delhi) states of India are afflicted by armed conflict. With the exception of Jammu and Kashmir, conflict in all other states involve indigenous peoples.
11. Challenges and Opportunities- The Naga Context: Subject to exclusion and marginalization, indigenous peoples are among the most disadvantaged groups on Earth. Indigenous peoples' right to be recognized and to exist as separate, distinct peoples with dignity continues to be one of the major challenges worldwide. The inappropriate application of the theory of terra nullius by dominant power and the State has created historical injustice linked to dispossession of not only territory but also the independence of the people. Over the last few centuries many indigenous people have extinct through annihilation or assimilation. Experts argues that even in the 21st century many indigenous community face extinction if the rights of the indigenous people are not recognized.
Parallel to the legitimate Indo-Naga ongoing political problem and its self-determination, the existence of Nagaland as a federal unit in the Indian Union is also a reality. In this light the enshrinement of Article 371(A) for Nagaland is not enough. Efforts and initiatives should be taken with a sense of urgency both by the people and the state Government to make more elaborate and appropriate provisions in terms of social practices, customary law, land policy and management of resources. Every form of law or amendment should not be passed in the state Assembly without Free, Prior and Informed consent of the people especially in regard to customary law, land and natural resources. The debate and tension of collective rights versus individual rights in a changing socio-cultural and political landscape can no longer be ignored. To eliminate gender disparity which is found within indigenous practices in terms of women’s participation in cultural activities, access to resources and political visibility, and representation requires equal importance and sensitivity. Language is one of the main indicators of cultural uniqueness and diversity. As of 2010 HSLC exam results only Ao, Lotha and Sema and Tenyidie were optional language subjects in Nagaland schools. The need for the government and the respective tribes to actively engage in promoting, espousing literature, and preserving the Naga languages is just as crucial.
Some official estimation of people living below poverty line (BPL) in Nagaland is 32.67 %. However the more comprehensive Multidimensional Poverty Index (MDI) developed and applied by the Oxford Poverty and Human Development Initiative with UNDP support in 2010 grouped the north eastern states of India and stated that 60% of the people live in poverty. This could imply that PBL would be relatively higher in Nagaland. The level of development equals that of Haiti before the earthquake. Given the vision of Food security in Nagaland by 2020 by the state Government, Nagaland needs a thorough study to reveal the depth and causes of poverty so the right policies and action can be implemented and taken to mitigate poverty and inequality.
With some of the most diverse ecosystems, NEI and Nagaland is home to some of the last remaining tracts of land that are not fully modified, explored or harnessed. The rush for ‘bio-gold mines’ and biopiracy is equally overwhelming and real. The Planning Commission has identified NEI as the ‘future powerhouse’ for India. More than 160 hydropower projects are planned within the next 5 decades. The majority of the projects are concentrated in Arunachal Pradesh. But NEI including Nagaland will see disastrous environmental effects with massive pressure, distortion of its landscape and onslaught on tribal habitat due to the construction of mega-dams as part of the hydropower project. Massive exploitation of natural in the name of developmental drive should be objectively evaluated and be resisted.
Today there are various Conventions (notably the International Labor Organization ( ILO) Conventions No 107 adopted in 1957 and No 169 adopted in 1989 ( India has not ratified No 169), and Declarations in place internationally with regards to indigenous peoples. While Conventions can not become law unless a particular country ratifies it and Declarations are not legally binding per se, they have wide consensus among the international community. Hence they have a strong moral implication and States’ are obliged to respect the rights of the indigenous peoples, thus providing an excellent framework for civil society, indigenous peoples, local governments and State. The Government together with the civil society must make every effort to promote, advocate and implement such provisions to the people
12. Conclusion: On the other hand, it should be also pointed out that the rights of the Indigenous peoples are not only a claim and demand for legal ratification and implementation because it is espoused and adopted by various International bodies and Declarations. Rather it is because they represents the political legitimacy and authority enshrined in its very existence of the people.
In this regard, in the case of Nagaland, the active engagement and participation of the Village council, the Women bodies, the Students’ Union and the Tribal Hohos is central to retain a cohesive Naga identity, its culture, its philosophical underpinnings, its relevance and its growth in relation to each other and in their inclusive and constructive interaction with neighboring communities and the outside world.
K. Toshinaro Longchar , Secretary, IPAA
IPAA.Nagaland@gmail.com
