10 Chapter 2 | INDIGENOUS PEOPLES OF MALAYSIA CHAPTER 2 INDIGENOUS PEOPLES OF MALAYSIA 2.1 The term “Indigenous Peoples” is often used to describe groups of individuals who enjoy certain characteristics such as a common historical tradition, ethnic identity, cultural homogeneity, linguistic unity, religious or ideological affinity, territorial connection and a common economic life. In addition there must also be a will/consciousness of being a people; and institution(s) to express the identity of the people. 2.2 Although there is no consensus on a universal definition of “Indigenous Peoples” primarily because of the diverse legal recognition and socio-political situations of indigenous peoples worldwide, the United Nations and other institutions have adopted a working definition to guide their work with indigenous peoples. These include the Cobo Report,2 the International Labour Organisation (ILO),3 the World Bank4 and the Asian Development Bank.5 In this working definition, the common characteristics include historical continuity since before pre-colonial societies, their non-dominant or marginalised situation, self-identification and 2 The Cobo Report’s working definition of 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. On an individual basis, an indigenous person is one who belongs to these indigenous peoples through self-identification as indigenous (group consciousness) and is recognized and accepted by the group as one of its members (acceptance by the group). This preserves for these communities the sovereign right and power to decide who belongs to them, without external interference.” (United Nations, 1986). 3 Article 1 of ILO Convention 169 definition applies to both “tribal peoples” and “indigenous peoples”: (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 colonisation 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.” 4 In the World Bank’s Operational Directive 4.20, IPs should among others include the following functional criteria: (a) A close attachment to ancestral territories and to natural resources in these areas; (b) Self-identification and identification by others as members of a distinct cultural group; (c) Often, use of a language different from the national language; (d) Presence of customary social and political institutions; (e) Primarily subsistence-oriented production; and, (f) Vulnerability to being disadvantaged as social groups in the development process. 5 The Asian Development Bank specifies the characteristics, either main or additional, of IPs as follows: (a) Descent from population groups present in a given area, most often before modern States or territories were created and before modern borders were defined; (b) Maintenance of cultural and social identities; and social, economic, cultural, and political institutions separate from mainstream or dominant societies and cultures. (c) Self-identification and identification by others as being part of a distinct indigenous cultural group, and the display of a desire to preserve that cultural identity; (d) A linguistic identity different from that of the dominant society; (e) Social, cultural, economic, and political traditions and institutions distinct from the dominant culture; (f) Economic systems oriented more toward traditional systems of production than mainstream systems; (g) Unique ties and attachments to traditional habitats and ancestral territories and natural resources in these habitats and territories. chapter 2_a4.indd 10 7/5/13 6:42 PM