Note by the UNWGIP Chairperson-Rapporteur on criteria which might be applied when considering the concept of indigenous peoples - 21 June 1995
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DOCUMENT: INDIGDEF.TXT


                    U N I T E D    N A T I O N S

     Economic and Social Council            ENGLISH
     Distr.                                 Original: ENGLISH
     GENERAL
     E/CN.4/Sub.2/AC.4/1995/3               GE. 95-12802 (E)
     21 June 1995


     COMMISSION ON HUMAN RIGHTS

     Sub-Commission on Prevention of
     Discrimination and Protection of Minorities
     Working Group on Indigenous Populations

     Thirteenth session
     24-28 July 1995
     Item 4 of the provisional agenda


          STANDARD-SETTING ACTIVITIES: EVOLUTION OF STANDARDS 
           CONCERNING THE RIGHTS OF INDIGENOUS PEOPLE - NEW 
         DEVELOPMENTS AND GENERAL DISCUSSION OF FUTURE ACTION  

     
      Note by the Chairperson-Rapporteur of the Working Group on 
       Indigenous populations, Ms. Erica-Irene Daes, on criteria 
        which might be applied when considering the concept of 
                          indigenous peoples 

     
                               CONTENTS

                                                PARAGRAPHS   PAGE

     INTRODUCTION . . . . . . . . . . . . . . . . 1 - 3        3

     I.    THE DESIRABILITY OF 
           DEVELOPING A DEFINITION 
           OF INDIGENOUS PEOPLES  . . . . . . . . 4 - 7        3
     II.   EXISTING DEFINITIONS AND 
           WORKING DEFINITIONS  . . . . . . . . . 8 - 10       4
     III.  CRITERIA WHICH MIGHT BE 
           CONSIDERED WHEN DELIBERATING 
           THE CONCEPT OF INDIGENOUS 
           PEOPLES  . . . . . . . . . . . . . . .   11         5
     IV.   TRADITIONAL LANDS  . . . . . . . . . .   12         6

     E/CN.4/Sub.2/AC.4/1995/3 
     page 2  

                         CONTENTS (continued)

                                                PARAGRAPHS   PAGE
     
     V.    HISTORICAL CONTINUITY  . . . . . . . .   13        6

     VI.   DISTINCTIVE CULTURAL 
           CHARACTERISTICS  . . . . . . . . . . . 14 - 15     6

     VII.  NON-DOMINANCE  . . . . . . . . . . . .   16        7

     VIII. SELF-IDENTIFICATION AND 
           GROUP CONSCIOUSNESS  . . . . . . . . . 17 - 18     7

     
                                ANNEXES

     I.   Study of the Problem of Discrimination 
          against Indigenous Populations by Jose R. 
          Martinez Cob, Special Rapporteur of the 
          Subcommission on Prevention of 
          Discrimination and Protection of Minorities 
          (E/CN.4/Sub.2/1986/7/Add.4, paras. 379-382) . . .   9 

     II.  Study of the Problem of Discrimination 
          against Indigenous Populations, Preliminary 
          report submitted by Jose R. Martinez Cobo, 
          Special Rapporteur of the Subcommission on 
          Prevention of Discrimination and Protection 
          of Minorities (E/CN.4/Sub.2/L.566, paras. 34 
          and 45) . . . . . . . . . . . . . . . . . . . . .   10 

     III. International Labour Organization Convention 
          concerning Indigenous and Tribal Peoples in 
          Independent Countries, 1989 (No. 169) . . . . . .   11 

     IV.  The World Bank Operational Manual 
          Operational Directive 4.20, September 1991  . . .   12 

     E/CN.4/Sub.2/AC.4/1995/3 
     page 3  

                             INTRODUCTION

     1. In its resolution 1982/34 of 7 May 1982, the Economic and 
     Social Council authorized the Subcommission on Prevention of 
     Discrimination and Protection of Minorities to establish 
     annually a working group to meet in order to (a) review 
     developments pertaining to the promotion and protection of 
     human rights and fundamental freedoms of indigenous 
     populations, including information requested by the 
     Secretary-General annually from Governments, specialized 
     agencies, regional intergovernmental organizations and non-
     governmental organizations in consultative status, 
     particularly those of indigenous peoples, and (b) give 
     special attention to the evolution of standards concerning 
     the rights of indigenous populations. At its first session 
     in 1982, members of the Working Group on Indigenous 
     Populations unanimously expressed the view that sources of 
     information should include those mentioned in Economic and 
     Social Council resolution 1982/34 plus other indigenous  
     organizations and groups as well as experts and recognized 
     authorities in the field (E/CN.4/Sub.2/1982/33, para. 21). 
     Since that time, the Working Group has maintained this open 
     and accessible character.  

     2. The purpose of the present note by the Chairperson-
     Rapporteur is to introduce a number of criteria which might 
     be applied when considering the concept of indigenous 
     peoples. It is proposed that under the item of the agenda 
     entitled "Standard-setting activities", members of the 
     Working Group as well as representatives of observer 
     Governments and indigenous nations and organizations, and 
     independent experts offer their comments and observations.  

     3. At the twelfth session of the Working Group, the 
     Chairperson-Rapporteur stated in her concluding comments 
     that she considered that further consideration should be 
     given to conceptual matters such as criteria for defining 
     some of the terminology of the draft declaration. On that 
     occasion, she noted that, although the Working Group had 
     completed its draft of a declaration on the rights of 
     indigenous peoples, it still had an important role to play 
     in establishing a comprehensive framework of rights for 
     indigenous peoples and in providing expert opinion on 
     certain terms and concepts.  

     
          I. THE DESIRABILITY OF DEVELOPING A DEFINITION 
             OF INDIGENOUS PEOPLES 

     4. In this regard, the Chairperson-Rapporteur would submit 
     that an important first question to be addressed by the 
     Working Group is the desirability of developing a definition 
     of indigenous peoples. It might be argued that the Working 
     Group has enjoyed considerable success, developed a 
     comprehensive and widely accepted draft declaration, and 
     made numerous other contributions on the issue without 
     feeling a need to elaborate a definition of indigenous 
     peoples. A characteristic of the Working Group - for which 
     it has received high praise - is its liberal and democratic 
     spirit of openness, transparency and flexibility. Members of 
     the Working Group have insisted that no indigenous 
     community, organization, nation or even indigenous person 
     from whatever region should be denied the right to express 
     peacefully and without abuse an opinion or viewpoint. The 
     Working Group, under the previous and the present 
     Chairperson, has not refused the right of any indigenous 
     participant  

     E/CN.4/Sub.2/AC.4/1995/3 
     page 4  

     to take the floor at the sessions. In practice, therefore, 
     the absence of a rigorous definition has not impeded 
     progress under the two mandates of the Working Group.  

     5. Participation in the Working Group has expanded markedly 
     since its inception in August 1982. An examination of the 
     report of the Working Group on Indigenous Populations on its 
     twelfth session reveals that 163 indigenous organizations 
     were represented from 44 countries. However, it should be 
     emphasized that the presence of a group claiming to be 
     indigenous does not necessarily signify that it is accepted 
     as such by members of the Working Group.  

     6. It will be recalled that historically speaking, 
     indigenous peoples have suffered from definitions imposed by 
     others. For example, in the past the criterion for 
     membership of an indigenous population in certain countries 
     was based upon parentage or blood quotient and this is now 
     deemed discriminatory as it denies the right of indigenous 
     people to determine their own membership. For this and other 
     relevant reasons the Working Group would not consider it 
     appropriate to develop a definition of its own without full 
     consultation with indigenous peoples themselves.  

     7. Notwithstanding these qualifications and observations, 
     the Chairperson-Rapporteur is aware of the growing interest 
     from all sides indigenous peoples, Governments and 
     organizations in the United Nations system responsible for 
     operational programmes - for guidance regarding the concept 
     of indigenous peoples. It was noted, for example, that 
     during the twelfth session of the Working Group a few 
     indigenous representatives expressed the view that certain 
     of the participants claiming status as indigenous people 
     were not in fact so. Furthermore, several Governments which 
     have regularly attended the Working Group as observers have 
     stated - most recently at the fifty-first session of the 
     Commission on Human Rights - that there are no indigenous 
     people in their country. Finally, in the light of the 
     proclamation by the General Assembly of the International 
     Decade of the World's Indigenous People focusing on 
     operational activities, concerned United Nations agencies 
     will be obliged to ensure that the beneficiaries of special 
     programmes and projects are indigenous people. For the 
     above-mentioned reasons, it appears to the Chairperson-
     Rapporteur that some preliminary discussion on concepts 
     related to the term indigenous peoples should take place 
     during the thirteenth session of the Working Group with a 
     view to guiding practice at the international level.  

     
          II. EXISTING DEFINITIONS AND WORKING DEFINITIONS 

     8. The Chairperson-Rapporteur takes this opportunity to 
     recall some principal studies, guidelines and legal 
     instruments having a bearing on the definition of indigenous 
     peoples. In the first place, reference may be made to the 
     "Study of the problem of discrimination against indigenous 
     populations" by the Special Rapporteur of the Subcommission 
     on Prevention of Discrimination and Protection of 
     Minorities, Mr. Jose R. Martinez Cobo (E/CN.4/Sub.2/1986/7 
     and Add. 1-4). In particular, chapter V entitled "Definition 
     of indigenous populations" and chapter XXII entitled 
     "Proposals and conclusions" can be noted. In the latter, 
     attention is drawn to paragraphs 379-382 which provide 

     E/CN.4/Sub.2/AC.4/1995/3 
     page 5  

     a definition of indigenous populations for the purposes of 
     international action (see annex I). The working definition 
     for the purposes of the Special Rapporteur's Study and 
     contained in the preliminary report on the Study 
     (E/CN.4/Sub.2/L.566 of 29 June 1972, paras. 34 and 45) may 
     also be considered as helpful (see annex II). It may be 
     recalled that the Economic and Social Council in its 
     decision 1985/137 of 30 May 1985 expressed its appreciation 
     for the report of the Special Rapporteur and requested its 
     publication and wide dissemination.  

     9. The Chairperson-Rapporteur also draws attention to the 
     International Labour Organization's Convention No. 169 of 
     1989 concerning indigenous and tribal peoples in independent 
     countries whose article I defines the peoples to whom the 
     Convention applies (see annex III). Finally, the definition 
     contained in the World Bank's Operational Directive 4.20 of 
     September 1991 may be of interest (see annex IV).  

     10. Since the Chairperson-Rapporteur's note is meant to 
     stimulate discussion rather than offer a thorough 
     consideration of the issue, reference is not made to the 
     question of definition as it is elaborated by scholars and 
     human rights experts whose observations may be of interest. 
     The Chairperson-Rapporteur is also aware of the diverse 
     legal definitions existing in different national contexts. 
     Finally, and most important, the viewpoint of indigenous 
     people on this question should be respected. The Working 
     Group considered all of the aforementioned sources in the 
     course of its deliberations of the draft declaration on the 
     rights of indigenous peoples. Thus, it may be noted that 
     article 8 of the draft declaration as agreed upon by members 
     of the Working Group and adopted by the Subcommission on 
     Prevention of Discrimination and Protection of Minorities 
     (resolution 1994/45, annex) states that "Indigenous peoples 
     have the collective and individual right to maintain and 
     develop their distinct identities and characteristics, 
     including the right to identify themselves as indigenous and 
     to be recognized as such". Article 32 of the draft 
     declaration states that "[i]ndigenous peoples have the 
     collective right to determine their own citizenship in 
     accordance with their customs and traditions ... . 
     Indigenous peoples have the right to determine the 
     structures and to select the membership of their 
     institutions in accordance with their own procedures".  

          III. CRITERIA WHICH MIGHT BE CONSIDERED WHEN 
               DELIBERATING THE CONCEPT OF INDIGENOUS PEOPLES

     11. In the aforementioned Study prepared by the Special 
     Rapporteur, Mr. Martinez Cobo, a number of criteria were 
     identified as relevant in any efforts to elaborate a 
     definition. These include consideration of both objective 
     and subjective elements such as ancestry, cultural aspects 
     including religion, tribal organization, community 
     membership, dress and livelihood, language, group 
     consciousness, residence in certain parts of the country and 
     acceptance by the indigenous community 
     (E/CN.4/Sub.2/1986/7/Add.1, paras. 1-398). Taking into 
     account the comprehensive work carried out by the Special 
     Rapporteur and the experiences of the Working Group on 
     Indigenous Populations since its establishment in 1982, it 
     may be stated that the criteria are sufficient to determine 
     whether a person or a community is indigenous or not. 

     E/CN.4/Sub.2/AC.4/1995/3 
     page 6  

     
         IV. TRADITIONAL LANDS

     12. Article 25 of the draft declaration on the rights of 
     indigenous peoples states that "[i]ndigenous peoples have 
     the right to maintain and strengthen their distinctive 
     spiritual and material relationship with the lands, 
     territories, waters and coastal seas and other resources 
     which they have traditionally owned or otherwise occupied or 
     used, and to uphold their responsibilities to future 
     generations in this regard". In drafting this article, the 
     Working Group recognized that a fundamental characteristic 
     of indigenous peoples was their historical continuity with 
     the territories they now occupy notwithstanding, as is 
     reflected in article 27 of the draft declaration, any 
     alienation of those lands which may have taken place over 
     time.  

     
         V. HISTORICAL CONTINUITY

     13. Indigenous peoples, as noted by the Special Rapporteur, 
     have "a historical continuity with pre-invasion and pre-
     colonial societies that developed on their territories" 
     (E/CN.4/Sub.2/1986/7/Add.4, para. 379). In his working 
     definition, the Special Rapporteur proposes this 
     formulation: "Indigenous populations are composed of the 
     existing descendants of the peoples who inhabited the 
     present territory of a country, wholly or partially, at the 
     time when persons of a different culture or ethnic origin 
     arrived there from other parts of the world, overcame them 
     and, by conquest, settlement or other means, reduced them to 
     a non-dominant or colonial situation ..." 
     (E/CN.4/Sub.2/L.566, para. 34). In this respect, it may be 
     noted that some writers refer to indigenous nations and 
     communities as "First Peoples".  

     
         VI. DISTINCTIVE CULTURAL CHARACTERISTICS

     14. Indigenous peoples possess distinctive cultural 
     characteristics which distinguish them from the prevailing 
     society in which they live. The draft declaration refers to 
     these characteristics in numerous articles. For example, 
     article 4 recognizes the right of indigenous peoples to 
     maintain and strengthen their distinct political, social and 
     cultural characteristics, as well as their legal systems; 
     article 7 states that indigenous peoples should not be 
     subject to any form of assimilation or integration. Article 
     12 includes in the manifestations of indigenous culture 
     aspects such as archaeological and historical sites, 
     artifacts, designs, ceremonies, technologies and visual and 
     performing arts and literature as well as cultural, 
     intellectual, religious and spiritual property; article 14 
     refers to histories, languages, oral traditions, 
     philosophies, writing systems and literatures. Article 15 of 
     the draft declaration notes that indigenous peoples may have 
     distinctive methods of teaching and learning.  

     15. In article 21 of the draft declaration reference is 
     made, inter alia, to traditional and other economic 
     activities and article 24 provides for protection of 
     traditional medicine and health practices. Indigenous laws, 
     traditions and customs of land tenure are reflected in 
     article 26 and article 29 refers to indigenous sciences, 
     technologies and cultural 

     E/CN.4/Sub.2/AC.4/1995/3 
     page 7  

     manifestations, including human and other genetic resources, 
     seeds, medicines, knowledge of the properties of fauna and 
     flora, oral traditions, literatures, designs, and visual and 
     performing arts. Note may also be taken of article 33 where 
     the fact that indigenous peoples may have distinctive 
     juridical customs, traditions, procedures and practices is 
     recognized. These articles identify some of the elements of 
     indigenous culture which distinguish it from the wider 
     society in which it finds itself.  

     
         VII. NON-DOMINANCE

     16. Indigenous peoples constitute a non-dominant part of the 
     population of the countries in which they live. Under the 
     agenda item "Review of developments", members of the Working 
     Group have been able to listen, over the years, to a wide 
     range of information from representatives of indigenous 
     peoples which indicate their non-dominant status. Very often 
     this information has been shared by representatives of 
     observer Governments. It may be noted that, generally 
     speaking, indigenous people in all countries have lower 
     incomes than the average citizen and are more likely to be 
     unemployed. Indigenous peoples suffer worse health 
     conditions than others in society and have less access to 
     educational opportunities. In certain countries indigenous 
     people may not be represented or may be underrepresented in 
     political institutions and public life. Furthermore, as a 
     result of their weak political situation as well as the 
     absence of recognized title over the lands on which they 
     live, indigenous peoples are sometimes subject to removal 
     from their homelands and a consequent pauperization and 
     marginalization. These and other factors constitute for 
     indigenous peoples a significant obstacle to their human 
     rights.  

     
         VIII. SELF-IDENTIFICATION AND GROUP CONSCIOUSNESS

     17. Two further aspects may be considered by the Working 
     Group in connection with the concept of indigenous peoples. 
     Firstly, it may be noted that indigenous peoples themselves 
     have stated on numerous occasions that they are the rightful 
     authority to define and determine whether they are 
     indigenous and how membership is attributed. Articles 8, 9 
     and 32 of the draft declaration go some way to reflect this 
     concern. Secondly, members of the Working Group are aware of 
     the sense of group consciousness which has developed among 
     indigenous peoples over recent years. In certain countries 
     in the past indigenous peoples felt shame or fear to 
     identify themselves as indigenous; today, happily, there has 
     been a reversal of this trend and members of indigenous 
     communities are proud to be so recognized. At the 
     international level, a sense of common vision and experience 
     appears to prevail among many hundreds of peoples from all 
     regions of the world.  

     18. The Chairperson-Rapporteur notes that the question of 
     indigenous peoples is developing continually as more people 
     from different regions seek to participate in the Working 
     Group and other international activities. It has been a 
     fundamental tenet of the Working Group that flexibility, 
     openness and a spirit of harmonious reflection and exchange 
     should prevail at its sessions. The Chairperson-Rapporteur 
     would not seek to change this philosophy. However, 

     E/CN.4/Sub.2/AC.4/1995/3 
     page 8 

     as more peoples come year by year to the Working Group, it 
     is time to make an effort to understand better what 
     indigenous peoples consider to be their common 
     characteristics and aspirations. The Chairperson-Rapporteur 
     hopes that the above-mentioned comments and criteria will 
     constitute a basis for a constructive exchange of views with 
     the other members of the Working Group, and representatives 
     of Governments, indigenous peoples and specialized agencies 
     with the main purpose of protecting the Working Group as a 
     liberal and democratic forum and the interests of indigenous 
     peoples themselves. 

     E/CN.4/Sub.2/AC.4/1995/3 
     page 9  


                                ANNEX I

       STUDY OF THE PROBLEM OF DISCRIMINATION AGAINST INDIGENOUS 
     POPULATIONS BY JOSE R. MARTINEZ COBO, SPECIAL RAPPORTEUR OF 
         THE SUBCOMMISSION ON PREVENTION OF DISCRIMINATION AND 
                       PROTECTION OF MINORITIES 

              (E/CN.4/SUB.2/1986/7/ADD.4, PARAS. 379-382) 

     379. Indigenous communities, peoples and nations 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 the 
     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.  

     380. This historical continuity may consist of the 
     continuation, for an extended period reaching into the 
     present, of one or more of the following factors:  

          (a) Occupation of ancestral lands, or at least of part 
              of them;  

          (b) Common ancestry with the original occupants of 
              these lands;  

          (c) Culture in general, or in specific manifestations 
              (such as religion, living under a tribal system, 
              membership of an indigenous community, dress, means 
              of livelihood, lifestyle, etc.);  

          (d) Language (whether used as the only language, as 
              mother-tongue, as the habitual means of 
              communication at home or in the family, or as the 
              main, preferred, habitual, general or normal 
              language);  

          (e) Residence in certain parts of the country, or in 
              certain regions of the world;  

          (f) Other relevant factors.  

     381. On an individual basis, an indigenous person is one who 
     belongs to these indigenous populations through self-
     identification as indigenous (group consciousness) and is 
     recognized and accepted by these populations as one of its 
     members (acceptance by the group).  

     382. This preserves for these communities the sovereign 
     right and power to decide who belongs to them, without 
     external interference. 

     E/CN.4/Sub.2/AC.4/1995/3 
     page 10  


                               ANNEX II

       STUDY OF THE PROBLEM OF DISCRIMINATION AGAINST INDIGENOUS 
         POPULATIONS, PRELIMINARY REPORT SUBMITTED BY JOSE R. 
      MARTINEZ COBO, SPECIAL RAPPORTEUR OF THE SUB-COMMISSION ON 
       PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES 
     
                (E/CN.4/SUB.2/L.566, PARAS. 34 AND 45) 

     34. In the light of these historical considerations, the 
     following working definition is proffered:  

          "Indigenous populations are composed of the existing 
          descendants of the peoples who inhabited the present 
          territory of a country wholly or partially at the time 
          when persons of a different culture or ethnic origin 
          arrived there from other parts of the world, overcame 
          them and, by conquest, settlement or other means, 
          reduced them to a non-dominant or colonial condition; 
          who today live more in conformity with their particular 
          social, economic and cultural customs and traditions 
          than with the institutions of the country of which they 
          now form part, under a State structure which 
          incorporates mainly the national, social and cultural 
          characteristics of other segments of the population 
          which are predominant."  

     45. ISOLATED OR MARGINAL POPULATIONS. Although they have not 
     suffered conquest or colonization, isolated or marginal 
     population groups existing in the country should also be 
     regarded as covered by the notion of "indigenous 
     populations" for the following reasons: (a) they are 
     descendants of groups which were in the territory of the 
     country at the time when other groups of different cultures 
     or ethnic origins arrived there; (b) precisely because of 
     their isolation from other segments of the country's 
     population they have preserved almost intact the customs and 
     traditions of their ancestors which are similar to those 
     characterized as indigenous; (c) they are, even if only 
     formally, placed under a State structure which incorporates 
     national, social and cultural characteristics alien to 
     theirs. 

     E/CN.4/Sub.2/AC.4/1995/3 
     page 11  


                               ANNEX III

        INTERNATIONAL LABOUR ORGANIZATION CONVENTION CONCERNING 
        INDIGENOUS AND TRIBAL PEOPLES IN INDEPENDENT COUNTRIES, 
                            1989 (NO. 169) 

     
                               ARTICLE 1

     1. This Convention applies to:  

          (a) tribal peoples in independent countries whose 
              social, cultural and economic conditions 
              distinguish them from other sections of the 
              national community, and whose status is regulated 
              wholly or partially by their own customs or 
              traditions or by special laws or regulations;  

          (b) peoples in independent countries who are regarded 
              as indigenous on account of their descent from the 
              populations which inhabited the country, or a 
              geographical region to which the country belongs, 
              at the time of conquest or colonization or the 
              establishment of present State boundaries and who, 
              irrespective of their legal status, retain some or 
              all of their own social, economic, cultural and 
              political institutions.  

     2. Self-identification as indigenous or tribal shall be 
     regarded as a fundamental criterion for determining the 
     groups to which the provisions of this Convention apply.  

     3. The use of the term "peoples" in this Convention shall 
     not be construed as having any implications as regards the 
     rights which may attach to the term under international law. 

     E/CN.4/Sub.2/AC.4/1995/3 
     page 12  


                               ANNEX IV

               WORLD BANK OPERATIONAL MANUAL OPERATIONAL
                    DIRECTIVE 4.20, SEPTEMBER 1991

     3. The terms "indigenous peoples," "indigenous ethnic 
     minorities," "tribal groups," and "scheduled tribes" 
     describe social groups with a social and cultural identity 
     distinct from the dominant society that makes them 
     vulnerable to being disadvantaged in the development 
     process. For the purposes of this directive, "indigenous 
     peoples" is the term that will be used to refer to these 
     groups.  

     4. Within their national constitutions, statutes, and 
     relevant legislation, many of the Bank's borrower countries 
     include specific definitional clauses and legal frameworks 
     that provide a preliminary basis for identifying indigenous 
     peoples.  

     5. Because of the varied and changing contexts in which 
     indigenous peoples are found, no single definition can 
     capture their diversity. Indigenous people are commonly 
     among the poorest segments of a population. They engage in 
     economic activities that range from shifting agriculture in 
     or near forests to wage labour or even small-scale market-
     oriented activities. Indigenous peoples can be identified in 
     particular geographical areas by the presence in varying 
     degrees of the following characteristics:  

          (a) a close attachment to ancestral territories and to 
              the natural resources in these areas;  

          (b) self-identification and identification by others as 
              members of a distinct cultural group;  

          (c) an indigenous language, often different from the 
              national language;  

          (d) presence of customary social and political 
              institutions; and  

          (e) primarily subsistence-oriented production.  

     Task managers (TMs) must exercise judgement in determining 
     the populations to which this directive applies and should 
     make use of specialized anthropological and sociological 
     experts throughout the project cycle.  

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