Facilitator’s Notes
Day 6: Development Modules
Session 29
Indigenous Peoples Rights and
Development
PURPOSE OF MODULE
The purpose of the module is to:
• Give participants an understanding of the
term ‘indigenous’ in a global context, and
in Asia
• Provide participants with an understanding
of the distinct legal provisions for the
promotion and protection of indigenous
rights in international law, in particular the
right to land and the right to self-
determination (including of development
processes)
• Challenge participants to think about the
patterns of discrimination and exclusion of
indigenous peoples
• Challenge participants to consider the
distinct development challenges of
indigenous peoples in their own countries
• Challenge participants to consider
appropriate responses to the challenges
that indigenous peoples are facing
TIME SCHEDULE
• Group Exercise One and Introduction (20
min)
• Who are indigenous peoples? The Rights of
Indigenous Peoples (25 min)
• Group Exercise Two (30 min)
• Discrimination and Exclusion/Indigenous
Peoples and Development Choices (25 min)
• Group Exercise Three and Wrap Up (20 min)
MATERIALS REQUIRED
• Manila cards (1/4 of an A4 page)
• Coloured pens
• LCD Projector for slide presentation
• Flipcharts for each group table
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• 3 sets of 5 cards: examples of indigenous
peoples in Asia
PROCESS
This module is divided into five sections, with
three accompanying group exercises. The five
sections of the module are:
1. Who are indigenous peoples?
2. The rights of indigenous peoples
3. Discrimination and Exclusion
4. Development Choices
5. What can we do?
Each section has a series of 1-3 slides, and
accompanying discussion notes. The
facilitators and trainers should familiarize
themselves with the speaking notes, and also
suggested further readings to ensure they are
comfortable with the subject matter. For
participants, hand-outs will be provided that
capture key elements of the module, however
again further reading is recommended for those
interested in gaining a more complete
understanding of this complex issue.
To encourage discussion and engagement with
the issues as they are raised during the course
of the module, three group exercises have been
provided. The three group exercises are:
Exercise 1: perceptions of indigenous peoples
Exercise 2: discrimination and exclusion
Exercise 3: responses to development
challenges
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MODULE CONTENT
Preparation:
Prior to the end of the session previous to this,
the participants should be introduced to the
topic of indigenous peoples as the next
thematic area of focus. Ask each participant to
think about the concept of indigenous peoples.
This term is one which some of participants will
have an understanding of, and some of them
will be unsure of – most likely is that there will
be a range of different understandings of what
this term means. Participants should be asked
what is the first thing that comes into their
minds when they think of the term
‘indigenous’? An image? What image? An
adjective? A particular people? They should
think about this over the break.
On return from the break, the participants
should write or draw the image / word or idea
that first came to their minds when they
thought of the term ‘indigenous’. Collect these
cards at each table. Ask participants to share
among themselves, and request sharing in
plenary. Each participant should bring their
card up to the front of the room, and stick on
the flip carts.
GROUP EXERCISE 1
This exercise aims to focus participants on the
perceptions or prejudices that we hold about
indigenous peoples and start participants
thinking about the causes of such pre-
conceived ideas and notions
(Slide One contains the instructions for
participants for this exercise)
Looking at images and ideas that came to the
participants when they first thought of the
term ‘indigenous’. There are no right or wrong
answers here - we are looking at popular
perceptions and ideas in society.
A key theme of difference from national society
emerges, which can be both empowering or
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discriminatory. Draw out also the popular
presentations of indigenous peoples within
media and education – what leads to us having
these particular views of who indigenous
peoples are?
This exercise is not intended to reach a definite
conclusion, it is intended to begin participants
thinking about how they, and their societies,
view indigenous peoples in Asia.
1. Who are indigenous peoples?
Objective: to provide participants with an
understanding of who indigenous peoples are,
in Asia and globally.
(Slide Two) There is no universally accepted
definition of indigenous peoples. Indigenous
peoples’ advocates have stated clearly that
they do not see any need for a definition (other
‘peoples’ are not defined), and refuse any
attempts at/for a definition on the grounds
that it is discriminatory and will be used to
limit and exclude. The right of self-
identification is an integral part of the right of
self determination.
It is however possible to identify shared
characteristics to allow organizations, agencies
and governments to identify indigenous
peoples. A number of organizations, including
in the UN system, have attempted to outline
such characteristics, and form a set of
normative understandings about who
indigenous peoples are.
The key characteristics, representing a modern
and evolving understanding of the term
indigenous, are:
• Self-identification as an indigenous person
at the individual level (subjective),
complemented by acceptance by the
community/peoples as their member
(objective).
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• Historical continuity with pre-colonial
and/or pre-settler societies
• Strong/spiritual link to territories and
surrounding natural resources
• Distinct social, economic and/or political
institutions/systems
• Distinct language, culture and beliefs
• Form non-dominant groups of society
• Determined to maintain and transmit their
traditions, beliefs and practices as
distinctive peoples and communities.1
It is estimated by the UN that there are 370
million people in the world who identify as
indigenous. The majority of these, an
estimated 200 million, are in Asia-Pacific.
2. The rights of indigenous peoples
Objective: to provide participants with an
understanding of the special legal provisions
that exist for the protection and promotion of
the rights of indigenous peoples
(Slide Three) Indigenous peoples hold of all
rights enshrined in the three core Human Rights
instruments – the Universal Declaration on
Human Rights, the International Covenant on
Civil and Political Rights and the International
Covenant on Economic, Social and Cultural
Rights. These rights are universal, indivisible
and inalienable. They are not established by
the recognition of them by governments but
pre-exist, inherent to being human.
Violations of economic, social and cultural
rights – such as failure to protect the land
rights of indigenous peoples, denying the right
to education in one’s mother tongue and
inequitable provision of health care – are often
linked with civil and political rights violations
in patterns of denial. No human right can be
realized in isolation from other rights and
1 are, however, more complex than we can
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thus the rights of indigenous peoples must be
realized and protected as an integrated whole.
(Slide Four) In addition, emerging from the
distinct relationship of indigenous peoples to
the states in which they live and the often
marginalized and discriminated position they
hold in national societies, there is an emerging
body of international law which provides
special legal provisions for the protection of
the rights of indigenous peoples. Central to this
is the right to non-discrimination, a particularly
important issue for indigenous peoples who
often suffer historical and contemporary
discrimination in the national societies in which
they live.
Some of the key documents are listed here:
ƒ The Draft Declaration on the Rights of
Indigenous Peoples
ƒ The Convention concerning the protection
and integration of indigenous and other tribal
and semi-tribal populations in independent
countries 1957 (ILO Convention 107)
ƒ The Convention concerning indigenous and
tribal peoples in independent countries 1989
(ILO Convention 169)
ƒ UNESCO Universal Declaration on Cultural
Diversity, 2001
ƒ Convention on Biological Diversity, 1992
ƒ Convention on the Rights of the Child, 1989
ƒ Convention on the Elimination of Racial
Discrimination, 1965
Among the most important of the special
provisions to protect the rights of indigenous
peoples are the right to self-determination, the
right to lands and territories and the right to
education. These rights are enshrined in a
range of instruments. We will look at some of
the provisions in international law for the
protection of these rights. The legal provisions
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comprehensively review here, and further
reading is recommended. Towards this end
some citations will be provided in a handout –
in the session itself we will discuss the
importance of these rights to the lives and
livelihoods of indigenous peoples. (Slide Five,
Six, Seven and Eight provide illustrative
citations of some key provisions for indigenous
peoples’ rights)
(Slide Eight) This article of the International
Covenant on Civil and Political Rights has been
interpreted as including the right to maintain
traditional livelihoods – including also the right
to the lands and territories needed for such
livelihoods.
(Slide Nine) Taken together, these rights
describe a responsibility on the part of states
to ensure that indigenous peoples are freely
able to enjoy and realize their fundamental
human rights, through general human rights law
and through the special provisions for
indigenous peoples.
3. Discrimination and Exclusion
Objective: to provide participants with an
understanding of the factors that contribute to
the marginalization of indigenous peoples
(Slide Ten and Eleven) The position of
indigenous peoples in national society includes
marginalization from national development and
the decision making process of development.
Governments and agencies often regard
indigenous peoples as the recipients /
beneficiaries of development initiatives rather
than actors in the process itself. Inappropriate
development planning for indigenous peoples
can serve to further marginalize them from
national development processes and deepens
the cycle of discrimination and neglect.
The factors contributing to exclusion and
discrimination against indigenous peoples may
include:
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• Cultural discrimination (eg. Viewing
indigenous peoples as ‘backwards’ or
inferior to the dominant society);
• Political marginalization (non-participation
in local and national political processes);
• Geographical isolation (eg. Lands and
territories may be far from the centre of
government, leading to lower access to
services);
• Non-recognition (lack of recognition of
distinct cultures and languages, lack of
recognition of special relationship to lands
and territories, lack of recognition of
traditional authority stuctures); and
• Perception of not being part of the
nation-state/fear of a divided state (e.g.
fear of secession, fear of conflict stemming
from ‘special status’)
GROUP EXERCISE 2
(Slide Twelve)
This exercise aims to bring the discussion into a
concrete and practical level by providing examples
and encouraging discussion around, real examples of
the impact of discrimination and exclusion on
indigenous peoples in Asia.
Provide to all groups of participants five cards that
have been prepared, detailing situations facing
indigenous peoples in Asia. For each of the
situations, ask the groups to discuss among
themselves, and right on the card the number (1-5)
of the cause of the situation. If they identify a cause
that is not listed above, then the cause should be
written on the card.
Collect the cards, and stick them on flip-charts at
the front of the room, according to the root cause
that the participants have identified.
Then ask participants to think about each of these
causes, and any additional that have been
mentioned. Ask them to identify within their groups
the types of impacts that they think each factor
could have on indigenous peoples. Each group
should identify at least one (perhaps more) impacts
for each of the factors listed. Give participants 5-10
minutes, and then collect the cards they have
written on and cluster again on the same flip charts.
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Impacts that are identified by participants may

include the following:
• Cultural/social discrimination
- discrimination in employment, access
to education, access to equitable
services from government
- discrimination in media and education
portrayals of peoples’ cultures
- Social stigma and resulting identity
issues
• Political non-participation
- Exclusion from decision making, the
decisions made do not reflect the
needs of the peoples whom they are
intended to benefit
- No reflection of the needs or
aspirations of indigenous peoples in
the policies of states in which they live
- Resettlement or movement of
indigenous peoples from lands for
development purposes (extractive
industries, mining etc.)
• Geographical isolation
- Lack of services,
- Lack of specific planning of alternative
solutions based on equal rights to
services.
- Policies of re-settlement,
- Policies of integration.
• Non-recognition
- Lack of government funding and
support for indigenous peoples’
schools, development projects and
cultural practices
• Fear of division/secession
- Militarization of indigenous lands and
territories
Some of these possible impacts may be due to
more than one factor.
(Slide Thirteen) The shape and form of
development processes emerge from a process
of decision making that is reflective of power
relationships in society. If equitable and
effective development is to be realized, full
stakeholder participation in the design and
control of the form of development is
necessary. Indigenous peoples have the right
to determine their own social, cultural and
economic development, and this requires free,
prior and informed consent, and a conscious
shift in power relationships.
Effective development requires participation of
people in the decisions made about processes
that effect them. If a process was occurring
which impacted on the lives of you and your
family, you would want a say in what and how
that process occurs. This is the principle of
representation – the right to participate in
processes that impact on you.
As seen, indigenous peoples disproportionately
hold disadvantaged position in national
societies. They often lack the political position
to realize the right of all peoples to self-
determination. Thus special attention is
required to ensure that this right is effectively
protected and recognized.
This right is stated in the Draft Declaration on
the Rights of Indigenous Peoples in Article 3:
“Indigenous peoples have the right of
self-determination. By virtue of that
right they freely determine, their
political status and freely pursue
their economic, social and cultural
development”

If this right is not realized and protected,

4. Indigenous Peoples and Development development processes do not meet the needs
Choices of the peoples concerned. The result of non-
inclusion has been recognized by development
Objective: to challenge participants to think of financing institutions such as UNDP, the World
appropriate ways to address the Bank and the Asian Development Bank. Each of
marginalization of indigenous peoples from the these institutions have developed policies
development process which aim to ensure that indigenous peoples

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are included in the decision making process of 5. What can you do?
development impacting on them.

UNDP recognized this issue, and responded with (Slide Fifteen) The main aim of this section of
the ‘UNDP and Indigenous Peoples: A Policy of the module is to highlight the contribution that
Engagement’ position paper. This policy of participants can make in terms of:
engagement requires that indigenous peoples
are consultant with, and involved with, any and • Advocacy (including the importance of
all development programmes or projects recognition of indigenous peoples)
impacting on them. • Awareness-raising (including the impact
of ignoring the issues indigenous
peoples face)
GROUP EXERCISE 3 • Coalition building (other sectors in
society realizing the mutual benefit of
This exercise aims to draw attention to the a socially and culturally inclusive
practical and concrete steps that different society.
sectors of society can take towards meeting
the development challenges that face
indigenous peoples. Basing the conversations
on the challenges identified by participants
earlier in the module, the exercise allows the
participants to complete their thinking on the
earlier issues they have brought up. For each
of the identified challenges, participants
should think of appropriate ways in which
these development challenges can be met. How
can development processes better reflect the
aspirations of vulnerable and marginalized
groups?

(Slide Fourteen) Returning to the ‘impacts’

cards that are clustered on the flip-charts at
the front of the room, ask participants to think
of concrete actions that could be taken at
national or regional level to mitigate the
impacts listed. This could include actions to
address the root causes, and actions to address
the impact of these factors.

This discussion should take place initially at a

group level, and then a facilitated plenary
discussion during which participants will bring
up cards with suggested actions to stick next to
the identified impacts and challenges.

Inclusion of indigenous peoples in decision-

making processes should be emphasized in the
discussions.

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Annex 1
The rights of indigenous peoples’ in
international law: some illustrative examples
The following excerpts are illustrative. For
further information the decisions of the
relevant committees (treaty bodies) in relation
to indigenous peoples should be accessed also.
The treaties and conventions themselves also
have additional relevant clauses not included
here.
The right to self-determination, to control
over the course of their own social, cultural
and economic development
“All peoples have the right to self
determination. By virtue of that right
they freely determine their political
status and freely pursue their
economic, social and cultural
development”
Shared Article 1 of the International
Covenant on Civil and Political Rights
and the International Covenant on
Economic, Social and Cultural Rights
Article 3 of the draft Declaration on
the Rights of Indigenous Peoples
The right to lands and territories, including
the total environment of the area in which
indigenous peoples live or which they use
Article 13
1. In applying the provisions of this Part
of the Convention governments shall
respect the special importance for the
cultures and spiritual values of the
peoples concerned of their relationship
with the lands or territories, or both as
applicable, which they occupy or
otherwise use, and in particular the
collective aspects of this relationship.
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2. The use of the term lands …shall
include the concept of territories,
which covers the total environment of
the areas which the peoples concerned
occupy or otherwise use.
Article 14
1. The rights of ownership and
possession of the peoples concerned
over the lands which they traditionally
occupy shall be recognised. In addition,
measures shall be taken in appropriate
cases to safeguard the right of the
peoples concerned to use lands not
exclusively occupied by them, but to
which they have traditionally had
access for their subsistence and
traditional activities. Particular
attention shall be paid to the situation
of nomadic peoples and shifting
cultivators in this respect.
2. Governments shall take steps as
necessary to identify the lands which
the peoples concerned traditionally
occupy, and to guarantee effective
protection of their rights of ownership
and possession.
3. Adequate procedures shall be
established within the national legal
system to resolve land claims by the
peoples concerned.
Articles 13-20 of the International
Labour Organisation Convention 169 on
Indigenous and Tribal Peoples in
Independent Countries deal with lands
and natural resources
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The right to maintain and develop their

distinct cultures and traditions

“Everyone has the right freely to

participate in the cultural life of the
community, to enjoy the arts and to
share in scientific advancement and its
benefits.”

Article 27 (1) of the Universal

Declaration of Human Rights

“Cultural rights are an integral part of

human rights, which are universal,
indivisible and interdependent.”

Article 4 of the UNESCO Universal

Declaration on Cultural Diversity

“In those States in which ethnic,

religious or linguistic minorities exist,
persons belonging to such minorities
shall not be denied the right, in
community with the other members of
their group, to enjoy their own culture,
to profess and practise their own
religion, or to use their own language.”

Article 27 of the Convention on the

Elimination of Racial Discrimination

This article of the International

Covenant on Civil and Political Rights
has been interpreted as including the
right to maintain traditional livelihoods
– including also the right to the lands
and territories needed for such
livelihoods.

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