IDENTIfICATION Of INDIGENOUS PEOPLES IN STATISTICS

1 0 I N D I G E N O U S T R I B A L P E O P L E S ’ R I G H T S I N P R A C T I C E – A G U I D E T O I L O C O N V E N T I O N N O . 1 6 9 Convention No. 169. It can objectively be determined whether a speciic indigenous or tribal people meets the requirements of Article 11 and recognizes and accepts a person as belonging to their people. Article 12 recognizes the self-identiication of indigenous and tribal peoples as a fundamental criterion. This is the subjective criterion of Convention No. 169, which attaches fundamental importance to whether a given people considers itself to be indigenous or tribal under the Convention and whether a person identiies himself or herself as belonging to this people. Convention No. 169 was the irst international instrument to recognize the importance of self-identiication. The Convention’s coverage is based on a combination of the objective and subjective criteria. Thus, self-identiication complements the objective criteria, and vice versa. The Convention takes an inclusive approach and is equally applicable to both indigenous and tribal peoples. The Convention thereby focuses on the present situation of indigenous and tribal peoples, although the historical continuity and territorial connection are important elements in the identiication of indigenous peoples. The criteria elaborated in Article 11 b of Convention No. 169 have been applied widely for the purpose of identifying indigenous peoples in international and national political and legal processes, far beyond the group of States that have ratiied the Convention. It is used as an international working deinition for the purpose of identifying indigenous peoples, including in the application of the UN Declaration on the Rights of Indigenous Peoples, and has also been the basis on which various UN specialized agencies have developed their own operational deinitions of the term indigenous peoples, including the World Bank and the United Nations Development Programme. UN Declaration on the Rights of Indigenous Peoples The UN Declaration on the Rights of Indigenous Peoples identiies “indigenous peoples” as being the beneiciaries of the rights contained in the Declaration, without deining the term. The preamble of the Declaration, however, makes reference to certain characteristics normally attributed to indigenous peoples, such as their distinctiveness, dispossession of lands, territories and natural resources, historical and pre-colonial presence in certain territories, cultural and linguistic characteristics, and political and legal marginalization. Also, article 33, para.1, states that: Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.

1.2. IDENTIfICATION Of INDIGENOUS PEOPLES IN STATISTICS

The recognition and identiication of indigenous peoples has repercussions for their visibility in national statistics and information systems, as well as for the capacity of States to respond to their speciic needs and priorities and to monitor the impact of interventions. In many countries, there are no disaggregated data or accurate statistics on the situation of indigenous peoples and even basic demographic information regarding their numbers and location may be lacking. Therefore, an analysis of the situation in indigenous communities will often depend on rough estimates or make use of proxies in order to, for example, assess the situation in a particular geographical area that is predominantly inhabited by indigenous peoples. It is even rarer to ind disaggregated data that describe the differentiated situation of distinct indigenous peoples in a given 1 1 I . I D E N T I f I C AT I O N O f I N D I G E N O U S A N D T R I B A L P E O P L E S country or within indigenous communities, for example as related to gender and age. The risk is that the speciic situation of indigenous peoples, as well as differences between and within indigenous communities, is invisible in national statistics. This makes it dificult to accurately monitor the effects of state interventions addressing indigenous peoples and leaves policy-makers without necessary information for developing policies and programmes. Some of the main dificulties with regards to the collection of disaggregated data on indigenous peoples are: Controversy over deinitions or terminology • Fluidity of ethnic identity • Migration, conlicts and wars • Lack of legal provisionspolitical acceptance • Lack of understanding of the importance of • disaggregated data Weak national capacity for data collection, • analysis and disaggregation Resistance from indigenous peoples if • they are not themselves in control of data collection Including Indigenous Peoples in Poverty Reduction Strategies, ILO 2007 Experience, particularly from Latin America, has shown that overcoming these dificulties is a process, based on dialogue, through which a deeper understanding and respect for diversiied indigenous identities is developed. Recently the focus on including indigenous peoples in national censuses has been gaining ground in Asia also, with indigenous peoples’ organizations and experts in Nepal and the Philippines working with the government and donors in the preparation of the upcoming national censuses.

1.3. COmmENTS By THE ILO SUPERVISORy BODIES: COVERAGE