The Concept of Indigenous Peoples in Asia A Resource Book Editor Christian Erni The Concept of Indigenous Peoples in Asia A Resource Book Editor Christian Erni IWGIA Document No. 123 International Work Group for Indigenous Affairs (IWGIA) Asia Indigenous Peoples Pact Foundation (AIPP) Copenhagen/Chiang Mai 2008 The Concept of Indigenous Peoples in Asia A Resource Book Editor: Christian Erni Cover and layout: Co-Kayan Media Team Cover images: Christian Erni Printed in Thailand by Co-Kayan Media Team © if not otherwise stated, the authors, IWGIA and AIPP Published by: International Work Group for Indigenous Affairs (IWGIA) Classensgade 11E, DK-2100 Copenhagen, Denmark www.iwgia.org Asia Indigenous Peoples Pact Foundation 108 Soi 6, Moo 5, Tambon Sanpranate, Amphur San Sai, Chiang Mai 50210, Thailand www.aippfoundation.org Distribution in North America: Transaction Publishers 300 McGaw Drive Edison, NJ 08837 USA www.transactionpub.com HURRIDOCS CIP DATA Title: The Concept of Indigenous Peoples in Asia. A Resource Book Edited by: Christian Erni Pages: 462 ISSN: 0105-4503 ISBN: 9788791563348 Language: English Index: 1. Indigenous peoples – 2. Indigeneity – 3. Asian controversy Geographical area: Asia Publication date: November 2008 The articles contained in this book reflect the authors’ own views and opinions and not necessarily those of IWGIA or AIPP. This book has been produced with financial support from the Danish Ministry of Foreign Affair and NORAD. Contents Foreword 9 Jannie Lasimbang Introduction. The Concept of Indigenous Peoples in Asia 13 Christian Erni Part I 27 The Concept of Indigenous Peoples: The International Dimension Standard-setting Activities: Evolution of Standards Concerning the 29 Rights of Indigenous Peoples: On the concept of “indigenous people” Erica-Irene A. Daes Who is Indigenous? “Peoplehood” and Ethnonationalist Approaches to 51 Rearticulating Indigenous Identity Jeff J. Corntassel The Concept of Indigenous Peoples at the International Level: 77 Origins, Development and Challenges Victoria Tauli-Corpuz Part II 101 Toward Identifying Indigenous Peoples in Asia “Indigenous Peoples” in International Law: 103 A Constructivist Approach to the Asian Controversy Benedict Kingsbury Hill and Valley in Southeast Asia…or Why the State is the Enemy of 161 People who Move Around…or…Why Civilizations Can’t Climb Hills James C. Scott Some Thoughts on “Indigeneity” in the Context of Migration and 183 Conflicts at Contemporary Asian Frontiers Danilo Geiger Colonialism, Indigeneity and the Brao 201 Ian G. Baird The Concept of Indigenous Peoples in India 223 Virginius Xaxa The Concept of Indigenous Peoples and Its Application in China 241 Tan Chee-Beng Recognition “In Kind”: Indonesian Indigenous Peoples and State Legislation 257 John Bamba Resolving the Asian Controversy: Identification of Indigenous 275 Peoples in the Philippines Christian Erni General Considerations on the Situation of Human Rights and 305 Fundamental Freedoms of Indigenous Peoples in Asia Rodolfo Stavenhagen Indigenous Peoples In Asia 325 Common Experiences and Issues identified by the participants at the Workshop on the Concept of Indigenous Peoples in Asia, Chiang Mai, Thailand, March 1-3, 2006 Part III 329 Country Profiles Bangladesh 333 Burma 341 Cambodia 349 China 357 India 367 Indonesia 377 Japan 385 Laos 395 Malaysia 403 Nepal 411 Pakistan 419 Philippines 427 Taiwan 437 Thailand 443 Vietnam 451 Annex Definitions of Indigenous Peoples by International Organizations 459 and Governments Foreword Jannie Lasimbang On 13 September 2007, the global indigenous peoples’ movement achieved a major success in its decade long struggle for international recognition of their rights when the General Assembly of the United Nations adopted the Declaration on the Rights of Indigenous Peoples. Except for Bangladesh, who abstained from voting, all Asian governments present voted in favour of the Declaration. Some of them have however expressed reservations regarding the applicability of the concept of indigenous peoples to their countries. Some pointed at the lack of a definition as a major problem for the application of the Declaration. Such reserva- tions have been expressed by Asian governments already before the adoption of the Declaration. Indigenous peoples of Asia who followed closely, and actively engaged in the international standard setting process on the rights of indigenous peoples therefore found it necessary to elaborate on the concept of “indigenous peoples” particularly for this region. It was necessary not only because of the need to ex- plain to most Asian governments who are having difficulties with this concept, but to clarify confusion among indigenous peoples themselves, who have been subjected to many names or terms by others in their own countries. The Workshop on the “Concept of Indigenous Peoples” co-organized by the Asia Indigenous Peoples Pact (AIPP), the International Workgroup for In- digenous Affairs (IWGIA) and Tebtebba Foundation in March 2006, and the discussions and deliberations that followed made it clear that a definition of in- digenous peoples is not necessary and would be counterproductive in view of the many positive developments at the international level and the huge diversity of 10 The Concept of Indigenous Peoples in Asia indigenous peoples in Asia. This publication is therefore a first attempt to reflect on the discussions that ensued by compiling contributions by authoritative scholars and indigenous activ- ists and leaders whose writings could enrich the process of reflection and help in generating further ideas for clarifying who the indigenous peoples of Asia are. It is envisaged that further inputs, particularly to update the articles on self-as- cription, would help indigenous peoples and governments in the elaboration and implementation of the United Nations Declaration on the Rights of Indigenous Peoples to promote and protect indigenous peoples’ rights. I would like to take this opportunity to thank all the contributors, including authors who have agreed to allow reprinting of their articles, as well as to the Dan- ish Foreign Ministry and NORAD, through its support to IWGIA, for making it possible to publish this book. My appreciation goes particularly to Dr. Chris Erni who has worked hard in finalizing the manuscripts. Jannie Lasimbang Asia Indigenous Peoples Pact October 2008 11 13 Introduction The Concept of Indigenous Peoples in Asia Christian Erni Over the past decades the world has witnessed an increasing presence of indigenous peoples in international processes and institutions dealing with is- sues ranging from general human rights, to sustainable development, forest and biodiversity conservation, international trade or intellectual property rights. In all these processes the indigenous participants’ main agenda is to ensure that indigenous peoples’ rights are given due attention and respect in order to prevent further marginalization or outright destruction of indigenous peoples’ livelihoods, cultures, and societies. The success of indigenous peoples in making their voice heard at the international level is reflected in Prof. Erica-Irene Daes’ statement at the 19th session of the UN Working Group on Indigenous Populations, in which she called the indigenous peoples “the first grassroots movement to gain direct access to the UN” (cf. Karlsson 2003: 403). In the process, the United Nations system itself is being transformed. The indigenous movement’s struggle for international recognition and a space within the UN system had a major breakthrough in 2000 when the Permanent Forum on Indigenous Issues was established. The significant feature of this new body is that indigenous peoples and states are equally represented. This is a nov- elty in a system that has thus far been the exclusive domain of state governments. It reflects the extent to which, as Niezen (2002) observed, the global indigenous peoples’ movement has been able to impact on the “structures and ethical orienta- tion of the United Nation” (p. 47). The success of the international indigenous movement culminated in the recent adoption of the United Nations Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly. The Declaration was adopted by vast majority vote of 144 states. 11 countries 14 The Concept of Indigenous Peoples in Asia abstained and only four countries voted against it: the United States, Canada, Australia and New Zealand. Yet, while the Declaration on the Rights of Indigenous Peoples is rightfully celebrated as a major achievement there are also reasons to doubt that worldwide recognition of indigenous peoples’ rights by state governments will become a reality soon. The intransigence of certain governments with respect to key issues – like the “s” in “peoples”, and closely connected to this, self-determination, the rights to land, territories and resources, or free and prior informed consent – dur- ing the negotiations on the final text of the Declaration makes it appear unlikely that these, and probably many of the governments that remained silent during the process, will be willing to implement the Declaration at home. Several countries have indicated this in their comments right after the adop- tion of the Declaration. Thailand’s representative Ms. Punkrasing, for example, stated “[ ] that her delegation had voted in favour of the text and was in agreement with its intent, despite the fact that a number of paragraphs raised some concerns. [ ] Thailand understood that the articles