ILPS and Indigenous Peoples Rights: Manipur
- Part 1 -

Khwairakpam Gajananda *

Sit-In to protest for pro-ILPS at Imphal on July 22 2015 :: Pix - Shankar Khangembam

DEFINITION OF INDIGENOUS PEOPLES:

"Indigenous peoples are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of 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 cultural patterns, social institutions and legal systems", according to Martinez-Cobo, 1984, the United Nations Special Rapporteur to the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Indigenous Communities, Peoples and Nations.

INTRODUCTION:

The indigenous peoples of the world is very diverse and is about 400 million with close to 5000 distinct tribes, which symbolize and nurture 80% of the world's cultural and biological diversity—occupying 20% of the world's land surface. Indigenous Peoples play key roles in preserving land, environment, ecology, protecting language, promoting and preserving culture and tradition. Many of the World's Indigenous Peoples have already adapted to the paradigm shift and are adjusting to the technological and political changes. By respecting the nature, Indigenous Peoples are champions to the sustainable conservations of the environment.

Despite such extensive diversity in indigenous communities throughout the world, all Indigenous Peoples have one thing in common—they all share a history of injustice. Indigenous Peoples have been killed, tortured and enslaved in all the livable continents. Many of them are the victims of genocide and are denied the rights to participate in governing processes of the political systems. The fundamental rights of self-determination, dignity and identity of indigenous peoples were stolen during the conquest and colonization.

The rights of Indigenous Peoples overlap with many other human rights; however, the important parts are not framed specifically but are part of more general treaties, like the Universal Declaration of Human Rights or the Convention on the Prevention and Punishment of the Crime of Genocide.

UNITED NATIONS (UN) DECLARATIONS AND CONVENTIONS:

(1) The Durban Declaration and Programme of Action (2001)
The Durban Declaration and Programme of Action (2001) for the first time recommended the UN to use the phrase "Indigenous Peoples" in all the documents rather than using the phrase "Indigenous People". This carries a clear message to the World's populations that the 'Indigenous Peoples' is not singular but plural!

(2) The UN Declaration on the Rights of Indigenous Peoples, March 2008
This declaration is the most comprehensive statement of the rights of Indigenous Peoples to date, establishing collective rights to a greater extent than any other document in international human rights law. It establishes the rights of Indigenous Peoples to the protection of their cultural property and identity as well as the rights to education, employment, health, religion, language and more. It also protects the right of Indigenous Peoples to own land collectively. Although, States are not legally bound by the Declaration, it exerted a considerable amount of moral force by the General Assembly. Consisting of 46 Articles, the draft Declaration is divided into nine parts. Some of the Articles of the Declarations are reproduced as follows:

Article 1:- Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the UN, the Universal Declaration of Human Rights and international human rights law.

Article 5:- Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 6:- Every indigenous individual has the right to a nationality.

Article 8:- 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources; (c) Any form of forced population transfer, which has the aim or effect of violating or undermining any of their rights; (d) Any form of forced assimilation or integration; (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

Article 13:- 1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons. 2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.

Article 27:- States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples' laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.

Article 30:- 1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. 2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.

Article 31:- 1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. 2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

Article 36:- 1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders. 2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.

(3) The Earth Summit, Rio de Janeiro, Brazil 1992
The Earth Summit in Rio de Janeiro, Brazil 1992 recognized the special relationship between Indigenous Peoples and their lands. Indigenous Peoples have a vital role in environmental management and development because of their traditional knowledge and practice. In order to fully make use of that knowledge, some Indigenous Peoples need greater control over their land, self-management of their resources and participation in development decisions affecting them (Agenda 21, Chapter 26.4).

The Convention on Biological Diversity (1992), thus called upon its signatories to "respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices".

The objective of the biological diversity conservation of the UN-Earth Submit and consequently the aim of many Nations of the World is the universal phrase "Unity in Diversity". Diversity indeed, included both hybridize and pure breed species. In this scenario, conservation of pure breed sustainably—is more important and better than the hybridize one, in the long run. To avoid extinction, hybridization is the best strategy—but at the cost of losing the precious pure breed 'genetic pool'.

The problem is, in a population of a species, if a sub-species extinct, slowly the other surviving sub-species genes started getting into mutation phase, which has the high-probability of getting extinct due to various causes e.g. cancers, diseases, reproductive disorders, competitions, natural selections etc. Hence, it is pertinent to conserve Indigenous Peoples (pure breed) for a long chain of healthy genetic diversity and for our future generations.

Here, we can take some examples of the World's Indigenous Peoples who are currently preserved for their unique identities, cultures and traditions; they are viz. Inuit: Greenland, Northern Canada, Alaska; Sami: Northern Norway, Sweden, Finland, and Russia; Nuba: Sudan; Pygmy peoples: Central and Western Africa; Khoikhoi: South Africa; Tibetan people: Tibet; Karen: Burma and Thailand; Wa people: Burma and China's Yunnan Province; Penan: Sarawak, Malaysia; Andalusians: Spain; Manx people: Great Britain; the Red Indian: USA; Occitans: France; Yolngu people: Arnhem Land, Australia; Fijian: Fiji; Itza: Mayan people of Guatemala; Mayo: Sonora, Mexico; Awá-Guajá: eastern Amazonian rainforest, Brazil; Yora: Amazon rainforest, southeast Peru etc.

To be continued..