In India, there are 705 ethnic groups officially recognized as "Scheduled Tribes". In central India, the Scheduled Tribes are usually referred to as Adivasis, which literally means Indigenous Peoples.

India has several laws and constitutional provisions, such as the Fifth Schedule for Central India and the Sixth List for certain areas of northeastern India that recognize the rights of Indigenous Peoples to land and self-government, but their implementation is far from being satisfactory. India voted in favour of the United Nations Declaration on the Rights of Indigenous Peoples on the condition that after independence all Indians are Indigenous. Therefore, it does not consider the concept of "Indigenous Peoples", and therefore the UNDRIP, applicable to India.

Indigenous Peoples in India

Indigenous Peoples in India comprise an estimated population of 104 million or 8.6% of the national population. Although there are 705 officially recognized ethnic groups, there are many more ethnic groups that would qualify for the scheduled tribe status, but which are not officially recognized. Therefore, the total number of tribal groups is undoubtedly higher than the official figure.

The largest concentrations of Indigenous Peoples are found in the seven northeastern states of India, and the so-called "central tribal belt" that stretches from Rajasthan to West Bengal.

Main challenges for Indigenous groups in India

According to the latest report (Crime in India 2016) of the National Crime Records Bureau (NCRB) of the Ministry of the Interior, 6,568 cases of crimes against Indigenous Peoples were reported in the country during 2016, compared to 10,914 cases in 2015, which shows a substantial decrease. However, these were only reported cases of atrocities committed by indigenous people against Indigenous People and do not include cases of human rights violations by the security forces.

In that sense, in 2017, the security forces continued to be responsible for human rights violations against Indigenous People. In areas affected by armed conflicts, Indigenous Peoples are caught between armed opposition groups (AOGs) and security forces. The cases are numerous and many are not informed.

Another struggle for Indigenous Peoples in India is their right to the land. There are a plethora of laws that prohibit the sale or transfer of tribal lands to non-Indians and the restoration of alienated lands to tribal landowners. However, these laws are still ineffective, are not invoked or are intended to weaken them. In addition, a large number of tribes that lived in the forests were denied their rights and the tribes continued to live under the threat of an eviction in the name of forest and animal conservation.

The situation of tribal women and girls in India remains very worrying, as they are clearly deprived of many of their rights. Collective and individual rights are violated in private and public spaces. Sexual violence, trafficking, killing/branding, militarization or state violence and the impact of development-induced displacement, etc., remain important issues. The NCRB in its latest report stated that 974 tribal women were raped during 2016.

Indonesia is the home of an estimated 50 to 70 million Indigenous Peoples. Indigenous Peoples in Indonesia increasingly suffer from criminalization and violence, often related to investments in indigenous territories.

The third amendment to the Indonesian Constitution recognizes the rights of Indigenous Peoples in Article 18b-2. In the most recent legislation, there is an implicit recognition of some rights of the peoples known as Masyarakat adat or Masyarakat hukum adat, which include Law No. 5/1960 on Basic Agrarian Regulation, Law No. 39/1999 on Human Rights and the Decree of MPR No X / 2001 on Agrarian Reform.

Law No. 27/2007 on the management of coastal and small islands and Law No. 32/2010 on the environment clearly use the term Masyarakat Adat and use the practical definition of AMAN. The Constitutional Court confirmed the constitutional rights of Indigenous Peoples over their lands and territories in May 2013, including their collective rights over traditional forests.

Although Indonesia is a signatory to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), government officials argue that the concept of Indigenous Peoples is not applicable, since almost all Indonesians (with the exception of the Chinese) ) are Indigenous and have the right to the same rights As a result, the government has rejected calls for the specific needs of groups that identify themselves as Indigenous.

On August 10, 2015, the Ministry of Environment and Forestry agreed to be the administrator of 6.8 million hectares of Indigenous maps for inclusion in the One Map initiative.

Indigenous Peoples in Indonesia

Indonesia has a population of approximately 260 million people, and the government recognizes 1,331 ethnic groups. Recent laws and government decrees use the term Masyarakat adat to refer to Indigenous Peoples. The national organization of Indigenous Peoples, Aliansi Masyarakat Adat Nusantara (AMAN), estimates that the number of Indigenous Peoples in Indonesia is between 50 and 70 million people.

The Ministry of Social Affairs identifies some Indigenous communities as komunitas adat terpencil (geographically isolated Indigenous communities). However, many more people identify themselves or are considered by others as Indigenous.

Main challenges for Indigenous Peoples in Indonesia

Violence and criminalization of Indigenous Peoples continue. There has been no significant effort to systematically stop acts of violence against Indigenous Peoples. In addition, the management of cases of violence and criminalization of indigenous peoples became more complicated in 2016, especially with the appearance of new types of conflicts related to infrastructure and dams, and the most obvious military intervention in such violence and criminalization.

Since 1999, the Government plans to build a reservoir for irrigation in the district of Ngada, a territory of the Rendu Indians. After the Ngada district expanded to some new districts, the site for this reservoir development plan was included in the administration area of a new district, the Nagekeo district. Since the beginning of this plan, the Indigenous Peoples of Rendu and other communities directly affected by the project have carried out different studies to demonstrate their possible negative effects.

However, on November 8, 2016, the Police and Public Order Enforces oversaw the drilling tools imported by the local Nagekeo government. The community suffered a blockade. However, they could not hold it, and the drill was finally placed at the location of the survey. The drill was guarded by enforcers of public order and police officers. The next day, people were surprised by the news from the Head of the Unit of National Unity and Politics of the Nagekeo District, saying that the drill rig had been set on fire.

On September 6, 2017, President Joko Widodo signed Presidential Regulation No. 88 of 2017 on Land Tenure Settlements in Forest Areas. The Presidential Regulation states that the Government will carry out land tenure settlements in forest areas controlled and used by the community.

This presidential regulation leaves a series of questions, among others, about limiting the resolution of land conflicts in forest areas, while the resolution of land conflicts in areas will be carried out by relocating the community (resettlement) unless can demonstrate that they have inhabited the area well before its inauguration as a forest area.

Okinawans or Ryūkyūans are the Indigenous Peoples of the Ryūkyū Islands, which make up the current Okinawa prefecture in Japan. The Ainu are the Indigenous People of Hokkaido, the second largest island in Japan.

The Japanese government has adopted the UNDRIP, although it does not recognize the unconditional right to self-determination and has not ratified ILO Convention 169.

Indigenous Peoples in Japan

Okinawans, or Ryūkyūans, live in the Ryūkyū Islands, which make up the current Okinawa prefecture in Japan. They comprise several groups of Indigenous languages with different cultural features. Although there has been some migration of ethnic Japanese to the islands, the population is largely Indigenous Ryūkyūans.

The island is home to 1.1 million of the 1.4 million inhabitants of Okinawa who live throughout Ryūkyūs. The Japanese government does not recognize the inhabitants of Okinawa as Indigenous. The most recent government surveys put the Ainu population in Hokkaido at 13,118 (2017) and in the rest of Japan at 210 (2011), though experts estimate the actual population to be much higher.

Main challenges for the Indigenous Peoples of Japan

One of the main and lasting challenges for the inhabitants of Okinawa is their struggle for land. For the past 21 years, an ongoing campaign has attempted to close the dangerous and ageing Futenma Air Station, which the US and Japanese governments linked to the construction of a new US military complex in the rural bays Henoko and Oura of Okinawa.

In 2017, Japanese Prime Minister Abe and President Trump reaffirmed their commitment to the Henoko-Oura project, with their development, set the stage for construction that will begin in April 2017. However, surveys consistently show that most of the Okinawans oppose the Henoko-Oura project.

The new base would be the first major facility built in Okinawa in 60 years, but for the people of Okinawa it presages a future that looks too much like the present and the past. The effects of the US military presence UU

They are always a concern for the inhabitants of Okinawa, but they became a special focus of anger and protest in 2017 due to the frequency of serious incidents, such as a window of an aeroplane falling on a school sports field, in addition to the effects on health caused by military activities.

Crime is another challenge in the lives of the inhabitants of Okinawa, which increases the feeling of insecurity. In April 2017, an Okinawan woman died after being raped and stabbed by a former US military officer. Later that year, a soldier of the Marine Corps hit and killed an Okinawan man while driving drunk.

However, the statistics published at the end of 2017 revealed that the processing rate of people related to the US military. It was less than half that of Japanese citizens.

Possible progress for Indigenous Peoples in Japan

The Japanese government began to consider the implementation of a "New Ainu Law" in May 2016 to support the sustenance of the Ainu. In 2017, it was reported that the government would aim to implement the new law by 2020 and that the law would probably stipulate the Ainu as Indigenous Peoples for the first time in history.

In preparation for the new law, the government announced that it would conduct a national survey during the fiscal year 2017 on the living conditions of the Ainu. The survey will include closed audiences both inside and outside of Hokkaido, with the aim of covering those of Ainu descent who did not want to openly reveal their heritage.

With a population of just over 7 million, Laos, officially the Lao People’s Democratic Republic or Lao PDR, is one of the most ethnically diverse countries in mainland Southeast Asia. The ethnic Lao, comprising around half of the population, dominate the country economically and culturally.

There are, however, some provinces and districts where the number of Indigenous People exceeds that of the Lao and where their culture is prominent. There are four ethnolinguistic families in Laos; Lao-Tai language-speaking groups represent two-thirds of the population. The other third speaks languages belonging to the MonKhmer, Sino-Tibetan and Hmong-Ew-Hmien families and these are considered to be the Indigenous Peoples of Laos.

Indigenous Peoples in Laos

Officially, all ethnic groups have equal status in Laos, and the concept of Indigenous Peoples is not recognised by the government, despite the fact that Laos voted in favour of adopting the UN Declaration on the Rights of Indigenous Peoples. The Lao government uses the term ethnic group to refer to Indigenous People.

The Lao government currently recognises 160 ethnic subgroups within 50 ethnic groups. Indigenous Peoples, especially those who speak Hmong-Ew-Hmien languages, are unequivocally the most vulnerable groups in Laos. They face territorial, economic, cultural and political pressures and are experiencing various threats to their livelihoods.

Main challenges for the Indigenous Peoples of Laos

Their land and resources are increasingly under pressure from pro-investment government development policies and commercial natural resource exploitation. Indigenous People lag behind the majority Lao-Tai at all economic levels. They have worse access to healthcare, lower rates of education, and less access to clean water and sanitation.

Indigenous Peoples’ relying on unimproved or surface water ranged from between 20 to 32.5%, compared to just 8.5% of Lao-Tai, and while only 13.9% of Lao-Tai practice open defecation, that percentage rises to between 30.3 to 46.3% among Indigenous Peoples.

Laos has ratified ICERD (1974), CEDAW (1981), CRC (1991), ICCPR (2009). The Lao government, however, severely restricts fundamental rights, including freedom of speech (media), association, assembly and religion, and civil society is closely controlled. Organisations openly focusing on Indigenous Peoples or using related terms in the Lao language are thus not allowed, while open discussions about Indigenous Peoples with the government can be sensitive, especially since the issue is seen as pertaining to special (human) rights.

Possible progress for the Indigenous Peoples of Laos

A positive achievement in relation to land rights in 2017 was the enactment of the recently amended Investment Promotion Law. This law has halved the maximum investment period for new concession projects to 50 years, compared to the previous maximum period of 99 years. The new law is expected to improve the clarity and ease of doing business in the country.

Despite the lack of recognition of collective lands in the national regulatory framework, some projects have successfully carried out participatory land use planning (PLUP) in several areas of the country to secure communal land and access to forests, fallows and natural resources.

The peoples of the Orang Asli, Orang Ulu and Anak Negeri groups constitute the Indigenous population of Malaysia. While Malaysia adopted the United Nations Declaration on the Rights of Indigenous Peoples, the country's Indigenous population faces a number of challenges, especially in terms of land rights. Malaysia has not ratified ILO Convention 169.

The Orang Asli, the Orang Ulu and the Anak Negeri peoples

As of 2017, the Indigenous Peoples of Malaysia were estimated to account for around 13.8% of the 31,660,700 million national population.

They are collectively known as Orang Asal. The Orang Asli are the Indigenous Peoples of Peninsular Malaysia. The 18 Orang Asli subgroups within the Negrito (Semang), Senoi and Aboriginal-Malay groups account for 0.7% of the population of Peninsular Malaysia (31,950,000).

In Sarawak, the Indigenous Peoples are collectively known as natives (Dayak and/or Orang Ulu). They include the Iban, Bidayuh, Kenyah, Kayan, Kedayan, Lunbawang, Punan, Bisayah, Kelabit, Berawan, Kejaman, Ukit, Sekapan, Melanau and Penan. They constitute around 1,932,600 or 70.5% of Sarawak’s population of 2,707,600 people.

In Sabah, the 39 different Indigenous ethnic groups are known as natives or Anak Negeri and make up some 2,233,100 or 58.6% of Sabah’s population of 3,813,200. The main groups are the Dusun, Murut, Paitan and Bajau groups.

While the Malays are also Indigenous to Malaysia, they are not categorised as Indigenous Peoples because they constitute the majority and are politically, economically and socially dominant.

Main challenges for the Indigenous Peoples of Malaysia

In Sarawak and Sabah, laws introduced by the British during their colonial rule recognising the customary land rights and customary law of the Indigenous Peoples are still in place. However, they are not properly implemented, and are even outright ignored by the government, which gives priority to large-scale resource extraction and the plantations of private companies and state agencies over the rights and interests of the Indigenous communities.

In Peninsular Malaysia, while there is a clear lack of reference to Orang Asli customary land rights in the National Land Code, Orang Asli customary tenure is recognised under common law. The principal act that governs Orang Asli administration, including occupation of the land, is the Aboriginal Peoples Act 1954.

Malaysia has adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and endorsed the Outcome Document of the World Conference on Indigenous Peoples but has not ratified ILO Convention 169.

The Nepali population is composed of 125 castes and ethnic groups. Nepal has adopted the United Nations Declaration on the Rights of Indigenous Peoples and ratified ILO Convention 169.

However, the Constitution, enacted in 2015, denies collective rights and aspirations for federalism based on the identity of Indigenous Peoples, making the Indigenous Peoples of Nepal amount to challenges. It remains to be seen how the amendments or the new wording of the new constitution and the drafting of new legislation will comply with the provisions of these international human rights norms.

Indigenous Peoples in Nepal

According to the 2011 census, the indigenous nationalities (Adivasi Janajati) of Nepal comprise 36% of the total population of 26.5 million. However, organizations of Indigenous Peoples claim a figure of more than 50%.

The 2011 census included the population as belonging to 125 castes and ethnic groups, including 63 indigenous peoples, 59 castes, including 15 Dalit castes, and three religious groups, including Muslim groups.

Although Indigenous Peoples constitute a significant proportion of the population, throughout the history of Nepal, indigenous peoples have been discriminated against, marginalized, excluded, subjugated, dominated and exploited in terms of land, territories, resources, language, culture, laws customary and political and economic opportunities.

Main challenges for the Indigenous Peoples of Nepal

The new Constitution of Nepal, promulgated in 2015 amidst the controversy and the use of state violence against Indigenous Peoples and the Madhesi, has failed in its implementation.

This is due to disputes between the main political parties, the lack of meaningful inclusion of all groups in society in the drafting process, and the continuous protests of the Indigenous and madhesis peoples.

The Lawyers Association for the Human Rights of Nepalese Indigenous Peoples (LAHURNIP) has identified several forms of discrimination against indigenous peoples in the constitution, and the movement of indigenous peoples requires total modifications, from the preamble to the annexes, or a complete rewriting of the constitution in line with UNDRIP, ILO Convention 169 and the Final Document.

The Constitution has stipulated the establishment of two commissions: one for Indigenous Peoples and another for Tharus. However, it seems that these two commissions will lack power, without authority or judicial power or other significant power in addition to dealing with some development work, such as income-generating activities, interactive programs and capacity building of Indigenous Peoples' organizations.

There are still challenges for the indigenous peoples of Nepal in terms of participation in programs and policymaking processes such as the UNDRIP and the Paris Agreement of the UNFCCC due to lack of awareness, access to information, defense and the hegemonic mentality of the policymakers.

Possible progress for the Indigenous Peoples of Nepal

More than 100 Indigenous and local individuals signed a memorandum on the expansion of roads in the Kathmandu Valley asking that the criteria drafted without consultation and consent of the indigenous Newars and other locals be eliminated according to their rights guaranteed in the Local Autonomy Law of 1999 and ILO Convention 169 and UNDRIP.

The memorandum also states that any development program must be carried out only with the free, prior and informed consent of the indigenous peoples in the municipality and warns of protests if the demands are not met. UNDP Nepal, in partnership with the National Federation of Indigenous Women (NIWF), has initiated research on the economic empowerment of Indigenous women in Nepal.

The number of Indigenous Peoples in the Philippines is unknown, but it is estimated that between 10% and 20% of the country's population. The Philippines has adopted the United Nations Declaration on the Rights of Indigenous Peoples, but has not yet ratified ILO Convention 169.

Republic Law 8371, known as the Indigenous Peoples Rights Act (IPRA), was enacted in 1997. It has been praised for its support for the cultural integrity of Indigenous Peoples, the right to their lands and the right to self-directed development of these lands.

A more substantial implementation of the law is still sought, as the Indigenous Peoples of the Philippines continue to live in geographically isolated areas with lack of access to basic social services and few opportunities for widespread economic activities, education or political participation.

The Igorot, the Lumad and the Mangyan

The last census of 2010 included an ethnic variable for the first time. However, an official figure for the Indigenous Peoples of the Philippines has yet arrived, and it is estimated that the country's indigenous population is between 10% and 20% of the national population, which currently stands at around 102.9 million.

The indigenous groups in the mountains of northern Luzon are collectively known as Igorot, while the groups on the southern island of Mindanao are collectively called Lumad. There are smaller groups collectively known as Mangyan in the central islands, and even smaller and scattered groups in the central islands and Luzon, including several groups of hunter-gatherers in transition.

Indigenous Peoples in the Philippines have retained much of their traditional, pre-colonial culture, social institutions and living practices. In general, they live in geographically isolated areas with lack of access to basic social services and few opportunities for major economic activities, education or political participation. In contrast, commercially valuable natural resources such as minerals, forests and rivers are found mainly in their areas, which makes them continuously vulnerable to aggression against development and land grabbing.

Main challenges for the Indigenous Peoples of the Philippines

Indigenous Peoples participated in the electoral process by presenting their own political party, Sulong Katribu, to represent their interests in the 2016 national elections. Their attempt to win seats in Congress through the party-list system failed not because of lack of votes, but because the Elections Commission and the Supreme Court refused to accredit Sulong Katribu to participate in the elections.

The disqualification of the party list was condemned by many Indigenous Peoples, who filed appeals stating that all requirements for the accreditation of party lists had been met and that the disqualification of Sulong Katribu was a measure to further marginalize and discriminate against the parties Indigenous Peoples. However, these appeals were also denied.

KATRIBU, the national alliance of the regional organization of Indigenous Peoples, recorded 37 cases of extrajudicial executions of Indigenous Peoples, 62 illegal arrests, 21 political prisoners, 20 incidents of forced evacuation that affected 21,966 Indigenous Peoples, more than a hundred people faced charges, and the forced closure of 34 Lumad schools since Duterte assumed the presidency in July 2016.

Possible progress for the Indigenous Peoples of the Philippines

2,600 Indians and Moro carried out successfully, under the SANDUGO movement of national minorities for self-determination, the second Lakbayan or Caravan of Protest of National Minorities for Self-Determination and Just Peace in Metro Manila.

There are 16 officially recognized indigenous peoples in Taiwan. This number excludes the Indigenous Peoples of Pingpu, whom the Government denies official recognition. Since Taiwan is not a member of the United Nations, it has not been able to officially vote on the UN Declaration on the Rights of Indigenous Peoples or to ratify ILO Convention 169.

At the national level, the Government of Taiwan recognized certain rights of Indigenous Peoples through the Fundamental Law of Indigenous Peoples (2005), the Education for Indigenous Peoples Law (2004), the State Law for Indigenous Peoples ( 2001) and the Regulation Recognition of Indigenous Peoples (2002).

Indigenous Peoples in Taiwan

The officially recognised Indigenous population of Taiwan numbers 571,816 people (2019), or 2.42% of the total population. Sixteen distinct Indigenous Peoples are officially recognised. In addition, there are at least 10 Pingpu Indigenous Peoples who are denied official recognition. Most of Taiwan’s Indigenous Peoples originally lived in the central mountains, on the east coast and in the south. However, nowadays nearly half of the Indigenous population lives in the urban areas of the country.

The Indigenous Peoples of Taiwan face the erosion of traditional cultures and languages under the pressure of assimilation of the main society, and due to the policy imposed by the state to use Mandarin Chinese. The government ministry known as the Council of Indigenous Peoples (CIP), created in 1996, works to protect the rights and well-being of Indigenous Peoples.

Since 1996, the ministry known as the Council of Indigenous Peoples (CIP) works to protect the rights and well-being of Indigenous Peoples. In addition, the Constitution of Taiwan guarantees political representation for Indigenous Peoples, with eight current indigenous legislators of 113 seats (7%) in the national parliament, and indigenous representation is also guaranteed at the local government level for the six main cities and Many municipal councils. Indigenous Peoples operate and operate the Indigenous Television of Taiwan (TITV) and several radio stations under the national network of public media.

Main challenges for the Indigenous Peoples of Taiwan

One of the main struggles of the Indigenous Peoples in Taiwan is the constant denial of recognition of the indigenous status to the Pingpu ethnic groups, ten groups of Aboriginal peoples of the low plains.

Violations of the rights to land and natural resources by commercial, mining and tourism development are other key challenges that Indigenous Peoples still face in their own land. In that sense, several indigenous activists have held a sustained protest centred on the rights to land and the return of traditional territories during 2017.

Possible progress for the Indigenous Peoples of Taiwan

In 2017, the Taiwanese Parliament approved the enactment of the law "Indigenous Language Development Law". This law grants official status to indigenous languages, promotes the teaching and speaking of the mother tongue in indigenous districts, and in those regions with more than 1,500 indigenous inhabitants.

It also guarantees the use of the mother tongue in judicial cases and judicial proceedings, and the right to receive judicial documents and government notifications in their own language.

In September 2017, the Council of the Minister of Indigenous Peoples, Icyang Parod, announced a National Museum of Indigenous Peoples, to be built in 2018 in the Cheng Ching Lake Park area of the city of Kaohsiung in the south of Taiwan The museum is intended to serve the indigenous peoples of southern Taiwan, as well as to become a tourism and research center for Austronesian cultures, promoting links between the indigenous peoples of Taiwan and Southeast Asia.

Vietnam is considered a multi-ethnic country with 54 recognized ethnic groups, of which 53 are ethnic minority groups. Although the country voted in favor of UNDRIP, it does not recognize ethnic minorities as Indigenous Peoples and has not ratified ILO Convention 169.

There is no specific law on ethnic minorities, but an agency at the ministerial level, the Committee on Ethnic Minority Affairs, is in charge of the affairs of ethnic minorities. The government of Vietnam has ratified CERD, CEDAW and CRC.

Indigenous Peoples in Vietnam

Indigenous Peoples in Vietnam account for about 14.1 million people or around 14.7% of the country’s total population of about 96 million. Vietnam has 54 recognized ethnic groups, 53 of which are minority ethnic groups, and is therefore considered a multi-ethnic country. The Government of Vietnam does not apply the term "Indigenous Peoples" to any of these minority ethnic groups. The term "ethnic minorities" is used instead.

Poverty is still high among ethnic minorities. In 2015, the poverty rate registered for ethnic minorities was 23.1%, while the national poverty rate was 7%.

All ethnic minorities have Vietnamese citizenship, and the Vietnam Constitution guarantees that all people have the same rights. Ethnic minority groups have their own culture and different traditions.

Main challenges for the Indigenous Peoples of Vietnam

One of the challenges for Indigenous Peoples in Vietnam is land tenure and the allocation of forest land to communities. Policies, laws and regulations related to land and forest tenure vary according to the different provinces of Vietnam.

This creates a situation of uncertainty and insecurity for many MS, as well as an unequal distribution of land. For example, in 2015, only 26% of the total area of forest land was allocated to households and 2% of that land was allocated to communities for management. However, some communities complained that the quality of the forests allocated to households and communities was low, with no plant cover and difficult to generate income from these forest lands.

Possible progress for the Indigenous Peoples of Vietnam

UN-REDD is the first program in Vietnam to promote the participation of ethnic minorities (MS) at all levels of the country. It was held in Vietnam with the technical support of UNEP, FAO and UNDP since 2009.

Members of the MS Network, with the support of the Center for Sustainable Development in Mountain Areas (CSDM), have been organized and strengthened to participate in developing, implementing and monitoring the REDD + processes in these six pilot provinces. One of the important elements of the activities related to REDD was the pilot test of FPIC (free, prior and informed consent) in the six provinces of UNREDD.

Recently there has been a step towards equality in access to land, although results are still expected. This Land Law on Marriege and Family requires, for married couples, to register both names for a jointly owned plot, unless both decide to register only one name.

Bangladesh is home to more than 54 Indigenous Peoples who speak at least 35 languages, along with the majority of the Bengali population. Bangladesh has not adopted the United Nations Declaration on the Rights of Indigenous Peoples, and the economic and political rights of the country's Indigenous Peoples continue to be ignored.

The government of Bangladesh does not recognize Indigenous Peoples as indigenous. However, since the amendment of the 2011 Constitution, peoples with different ethnic identities than the Bengali population are mentioned. However, only cultural aspects are mentioned, while issues related to the economic and political rights of Indigenous Peoples, in particular their rights to land, continue to be ignored.

Indigenous Peoples in Bangladesh

According to the 2011 census conducted by the Government of Bangladesh, the country's Indigenous population comprises approximately 1,586,141, 1.8% of the country's total population. However, Indigenous Peoples in Bangladesh claim that their population is approximately 5 million.

Approximately 80% of the Indigenous Population lives in the flatland districts of the north and southeast of the country, while the rest reside in the Chittagong Hill Tracts. In the Chittagong Hill Tracts, Indigenous Peoples are commonly known as Jummas for their crop rotation agriculture, known locally as Jum.

Along with the official language of Bengali, the Indigenous Peoples of Bangladesh speak at least 35 languages. Measures have been taken to include teachers from Indigenous groups and texts in Indigenous languages ​​at the pre-primary school, and the government has distributed books for the nursery school in five Indigenous languages, namely Chakma, Garo, Kokborok, Marma and Sadri.

However, the government has not yet taken any action to train an adequate number of qualified teachers with the necessary linguistic skills in these languages ​​and has not yet presented a plan for native education in the later stages for the pre-primary level, nor for other Indigenous languages.

Main challenges for the Indigenous Peoples of Bangladesh

The land rights of Indigenous Peoples in Bangladesh continue to be one of the alarming issues and a key factor in serious human rights violations in the country. Indigenous Peoples' organizations have protested against the growing number of human rights violations and demand protection, promotion and respect for their human rights.

Although the 1997 Chittagong Hill Tracts Agreement was a constructive agreement between the Indigenous Peoples and the Government of Bangladesh, after 19 years, the main problems of the Agreement remain unresolved. Indigenous Peoples still face challenges in areas such as the return of power and functions to the Chittagong Hill Tracts institutions, the preservation of the characteristics of the tribal area of ​​the Chittagong Hill Tracts region, the demilitarization and rehabilitation of the internally displaced.

The situation of Indigenous women continues to be alarming. Sexual and physical attacks have become a common means of being used against Indigenous women and girls, while none of the alleged perpetrators have been brought to justice. In 2016, Bangladesh was revised by the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The concluding observations highlight that the government should: "effectively investigate all reports of gender-based violence against indigenous women related to land grabbing and take steps to bring those responsible to justice." In 2017, at least 56 Indigenous women and girls were sexually assaulted

Advances in land disputes and education for Indigenous groups in Bangladesh

The Chittagong Hill Tracts Land Dispute Resolution Commission Act of 2001 was amended in August 2016. The amendment is expected to pave the way for the proper resolution of land disputes and the return of dispossessed lands belonging to native populance.

The Government of Bangladesh undertook initiatives to fulfill its responsibility to ensure primary education for indigenous children, including a measure in 2017 to nationalize 210 primary schools in Chittagong Hill Tracts. The Ministry of Primary and Mass Education produced pre-school textbooks in 5 indigenous languages ​​and distributed around 25,000 books.

On the other hand, Indigenous activists identified the lack of adequate, competent and qualified teachers in Indigenous languages. In addition, children belonging to many remote Indigenous communities still can not realize their right to education due to the lack of educational institutions in those areas.

There is no accurate information about the number of Indigenous Peoples in Myanmar, partly due to a lack of understanding of the internationally recognised concept of Indigenous Peoples. 

Myanmar has adopted the United Nations Declaration on the Rights of Indigenous Peoples, but the country's indigenous peoples still face a number of challenges, including armed conflict, violations of human rights and land rights.

Maynmar has not signed the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), nor has it ratified ILO Convention 169. The country is part of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC), although until now it has not taken into account many of the respective recommendations of the committees of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention Committee against Crime.

Indigenous Peoples in Myanmar

The government claims that all citizens of Myanmar are “Indigenous” (taing-yin-tha), and on that basis dismisses the applicability of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) to Myanmar. Indigenous Peoples’ rights activists use the Burmese language term hta-nay-tainyin-tha in describing Indigenous Peoples, based on international principles; using the criteria of non-dominance in the national context, historical continuity, ancestral territories and self-identification. The government recognises eight ethnic groups as national races or taung yin tha: Kachin, Karen, Karenni, Chin, Mon, Burman, Arakan and Shan.

According to the 1982 Citizenship Law, ethnic groups who have been present in the current geographical area of Myanmar since before 1823 (the beginning of the first British annexation) are considered taung yin tha. However, there are more ethnic groups that are considered or see themselves as Indigenous Peoples, such as the Naga, that would not identify with any of those groups.

Main challenges for the Indigenous Peoples of Myanmar

One of the main struggles of the Indigenous Peoples of Myanmar is related to the consequences of armed conflicts, which steadily increased throughout 2016, particularly in the Rakhine State involving the ethnic Rohingya minority. Humanitarian support has been slow to authorize or has been completely blocked during combat periods, affecting Indigenous Peoples and ethnic minorities in the Shan, Kachin, Chin and Rakhine states.

Another ongoing struggle is related to the rights of Indigenous women. The Myanmar delegation stated at the 64th session of the UN Convention on the Elimination of Discrimination against Women (CEDAW) Committee that women do not face "social barriers in education, employment and career advancement". However, in the 330 municipalities of Myanmar, no municipal administrator is female, and of 16,785 Village Tract / Ward Administrators, only 42 are women.

The delegation also defended the controversial Laws of Protection of Race and Religion that, if implemented, would violate the norms of the convention. The Committee urged the government to amend or repeal the set of laws, as well as preconceived constitutionally implicit ideas about the role of women in society.

Indigenous women in Myanmar face great barriers to accessing justice for gender-based violence, and the Committee highlighted the fear of reprisals from women in Indigenous and ethnic minority communities by reporting sexual assault or rape by armed forces. armed.

In spite of the continuous agrarian reforms in Myanmar, the opposing interests on land remained in 2017, characterized by the lack of free, prior and informed consent, inadequate compensation for relocation and the lack of transparent judicial resources.

To further aggravate the problem, there are 17 different departments that do not include armed ethnic administrations, related to land governance, which means that Indigenous lands and territories are still vulnerable to the state-sponsored cronyism that is so prevalent. as usual.

It is worth noting that military confiscation of land continues to take place purely in the pursuit of recreational activities.

Possible progress for the Indigenous Peoples of Myanmar

The sixth and final draft of the National Land Use Policy (NLUP), which was approved by the parliament in 2016, includes a chapter on the Land Use Rights of Ethnic Nationalities which refers to the customary tenure of the land and the mapping of the use of the land. Customary protections of land tenure are not limited to agricultural land, but also include practices of shifting cultivation on forest lands, as well as recognition of communal land tenure systems, such as shifting cultivation.

Myanmar organized two National Policy Dialogues on the Rights of Indigenous Peoples in 2017, which brought together a total of 105 participants, including representatives of the Ministry of Ethnic Affairs of the Union, Ministers of Ethnic Affairs at the state and regional levels, representatives of organizations of indigenous peoples as well as representatives of the UN.

Although Thailand adopted the United Nations Declaration on the Rights of Indigenous Peoples, it does not officially recognize the existence of Indigenous Peoples in the country. There were some developments for the Indigenous Peoples of the country, but they continue to be stigmatized and challenged especially by land grabbing by the government.

Thailand has ratified or is a signatory to the Convention on Biological Diversity (CBD), the United Nations Framework Convention on Climate Change (UNFCCC), the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the Universal Declaration of Human Rights.

Indigenous Peoples in Thailand

The Indigenous Peoples of Thailand live mainly in three geographical regions of the country: Indigenous fisher communities (the Chao Ley) and small populations of hunter-gatherers in the south (Mani people); small groups on the Korat plateau of the north-east and east; and the many different highland peoples in the north and north-west of the country (known by the derogatory term Chao-Khao). Nine so-called “hill tribes” are officially recognised: the Hmong, Karen, Lisu, Mien, Akha, Lahu, Lua, Thin and Khamu. 

The estimated Indigenous population in Thailand is around five million people, which accounts for 7.2% of the total population.2 According to the Department of Social Development and Welfare (2002), the total officially recognised “hill-tribe” population numbers 925,825 and they are distributed across 20 provinces in the north and west of the country. There are still no figures available for the indigenous groups in the south and north-east.

When national boundaries in South-East Asia were drawn during the colonial era, and as a result in the wake of decolonisation, many Indigenous Peoples living in remote highlands and forests were divided. For example, you can find Lua and Karen people in both Thailand and Myanmar, and Akha people in Laos, Myanmar, south-west China and Thailand.

Get the latest updates from this IWGIA and EU supported portal for Indigenous Peoples information in Thailand >>

Main challenges for the Indigenous Peoples of Thailand

A major struggle for the Indigenous Peoples of Thailand is land grabbing by the government, such as Rawai, located in the province of Phuket. Rawai is a popular tourist spot in southern Thailand and also home to Chao Ley, a collective term for three indigenous groups: the Mogan, Moglen and Urak Lawoi.

Its population is approximately 13,000 living in the five provinces of Phang Nga, Phuket, Krabi, Satun and Ranong along the Andaman coastal area and the sea. Baron World Trade Co. Ltd claims ownership of more than 5 hectares of land, including the public beach in the subdistrict of Rawai in the Muang Phuket district, which overlaps with the ancestral lands of Chao Law, which have been used to celebrate sacred ceremonies for generations.

The situation degenerated into violence in 2016 when the company hired a group of young men to prevent the villagers from entering the area. The youths destroyed the huts and fishing equipment of Chao Ley, and around 30 Chao Ley were injured in the violent encounter and 10 seriously injured.

The government approved a master plan to solve the problems of deforestation, and that includes the suppression and arrest of people who are invading or destroying forest lands. These operations raise serious concerns for Indigenous Peoples, as they have not made an explicit distinction between illegal intruders and indigenous communities that have lived in those areas for a long time.

Indigenous Peoples in Cambodia

Cambodia is home to 24 different indigenous peoples, who speak mostly Mon-Khmer or Austronesian languages, and constitute 3% of the national population with an estimated 250,000 to 400,000 individuals. The Indigenous territories include the forested plateaus and highlands of North-eastern Cambodia, approximately 25% of the national territory.

While not disaggregated in the national census, other data confirms that Cambodian Indigenous Peoples continue to face discrimination and coerced displacement from their lands that are extinguishing them as distinct groups. These patterns are driven by ongoing state and transnational corporate ventures for resource extraction/conversion (mainly timber, minerals, hydro and agribusiness), coupled with growing in-migration from other parts of the country.

Political framework for Indigenous Peoples

Cambodia voted in 2007 to adopt the UN Declaration on the Rights of Indigenous Peoples without reservation, and has ratified the CERD, CEDAW, and CRC. It has not assented to ILO Convention 169. During its last Universal Periodic Review (UPR) (2013), Cambodia accepted a recommendation that it “increase measures to tackle illegal land evictions [of] Indigenous People, and consider fortifying the legislative framework consistently with international standards.” However, this has so far not led to actual remedy to the discrimination and land insecurity Indigenous Peoples continued to face to this day. 

Main challenges for Indigenous Peoples in Cambodia

An Indigenous rights movement that began in the late 1990s continued to fight for their human rights; however, with deteriorating democratic freedoms and serious human rights violations, the ground on which the Indigenous rights movement exists has become more precarious. The repressive regime of Hun Sen and the Cambodian People’s Party (CPP), which has ruled the country since 1985, has persisted on a path of corruption, human rights abuses and non-democratic rule. In 2020, the government continued to target the independent media, civic organizations, NGOs, individuals exercising their civil and political rights and the opposition, the Cambodia National Rescue Party (CNRP), which was banned in 2017.

Indigenous Peoples in Bolivia

There are 36 recognized peoples in Bolivia. With the adoption of the UN Declaration on the Rights of the Indigenous Peoples and a new Constitution, Bolivia adopted the status of a plurinational state. However, the country's Indigenous Peoples still face challenges, especially in terms of seismic work in search of new oil and gas reserves and hydroelectric projects.

The UN Declaration on the Rights of the Indigenous Peoples was approved by Law in November 2007. Since 1991, Bolivia is a signatory of ILO Convention 169, an international legal instrument dealing specifically with the rights of indigenous and tribal peoples. 

The Quechua, Aymara and other Indigenous groups

According to the 2012 National Census, 41% of the Bolivian population over the age of 15 are of Indigenous origin, although the National Institute of Statistics’ (INE) 2017 projections indicate that this percentage is likely to have increased to 48%.

There are 38 recognised peoples in Bolivia, the majority in the Andes are Quechua-speaking peoples (49.5%) and Aymara (40.6%), who self-identify as 16 nations. In the lowlands, the Chiquitano (3.6%), Guaraní (2.5%) and Moxeño (1.4%) peoples are in the majority and, together with the remaining 2.4%, make up 20 recognised Indigenous Peoples.

Main challenges for Bolivia’s Indigenous Peoples

A major challenge for the Indigenous Peoples of Bolivia relates to the seismic work in search of new oil and gas reserves, as well as hydroelectric projects. They directly impact the people inhabiting the territory of the projects, often Indigenous Peoples and peasants.

Progress for Bolivia's Indigenous Peoples

To date, the Indigenous Peoples have consolidated 23 million ha. of collective property under the status of Community Lands of Origin (TCOs), representing 21% of the country’s total land mass.

Thanks to the Framework Law on Autonomies 031/10 of 22 July 2010, a number of Indigenous Peoples are now forming their own self-governments. Thirty-six Indigenous autonomies have commenced the process for accessing self-government, 21 by means of municipal conversion and 15 by territorial means or TIOC. Three of them have already established their self-government, and another five have achieved their autonomous status through a declaration of constitutionality. 

In 2017, the government of Bolivia decided to revive the conflict over the building of the Villa Tunari-San Ignacio de Moxos highway through the Isiboro Sucre National Park and Indigenous Territory (TIPNIS) by approving Law No. 969/17 on 13 August. However, the VIII Indigenous March, supported by all of the country’s Indigenous organisations, stopped this construction of the highway.

Indigenous Peoples' rights in Brazil

According to the 2010 census of the Brazilian Institute of Geography and Statistics, there are 896,917 Indigenous persons in Brazil. The country voted in favour of the United Nations Declaration on the Rights of Indigenous Peoples (2007), and the American Declaration on the Rights of Indigenous Peoples (2016) and has signed ILO Convention 169.

The Constitution of 1988 recognizes the Indigenous peoples as the first and natural owners of the land and guarantees them their right to land. Exploration and extraction of mineral wealth on Indigenous lands must be carried out solely with authorization from the National Congress after listening to the communities involved, who must be guaranteed participation in the benefits of the mining activities. Eviction of Indigenous peoples from their lands is prohibited.

Indigenous peoples in Brazil

There are 896,917 Indigenous persons in Brazil, distributed among 305 ethnic groups. The principal indigenous ethnic group is the Tikúna, who comprise 6.8% of the total indigenous population.

There are around 274 languages. Among Indigenous persons over the age of five, only 37.4% speak an Indigenous language, while 76.9% speak Portuguese. It is estimated that there are 115 peoples living in isolation,1 of which 28 are confirmed and the rest are in the process of being identified.

502,783 individuals out of the Indigenous population in Brazil live in rural zones and 315,180 in urban zones. A total of 505 Indigenous Lands have been identified, covering 12.5% of Brazilian territory (106.7 million hectares). The majority of these territories are concentrated in the Amazon.

Brazil is the country in South America with the largest known concentration of Indigenous Peoples in isolation in the states of Amap., Acre, Amazonas, Amapá, Acre, Amazonas, Goiás, Maranhao, Mato Grosso, Pará, Rondônia, Roraima, and Tocantins. Currently, there are 107 records of the presence of Indigenous Peoples in isolation in the Amazon region.

Election of Jair Bolsonaro as President

Following the Presidential elections in Brazil in October 2018 Jair Bolsonaro, former captain of the Brazilian army and candidate of the evangelist party, assumed the Presidency on January 1, 2019. Claiming to represent rural Brazilians and promoting the priorities of his evangelist party the government of Jair Bolsonaro’s policies and agenda directly threaten the constitutional rights and freedoms of Brazil’s Indigenous Peoples. The Frente Parlamentar da Agropecuária, Brazil’s largest parliamentary group, represents the vested interests of companies and major landowners in the country. The group represents businesses that move over 118 million US $ in agricultural and livestock products and who support Jair Bolsonaro’s agenda to open up lands and resources, previously safeguarded to exploitation.

President Jair Bolsonaro’s agenda directly threatens Indigenous Peoples, particularly its recent unconstitutional revocation of the legal processes of demarcation related to Indigenous lands. These processes helped recognize and protect Indigenous land holdings. This revocation means that at any time, official reports, declaratory ordinances and Indigenous land permissions which have been issued can be reviewed and revoked. Further, supporting the interests of the Frente Parlamentar da agropecuaria, the economic exploitation of the traditional lands of the Indigenous and quilombola peoples, is given free rein. Bolsonaro’s support and actions are being used to justify brutal attacks against these peoples further accusing them of being the great obstacles for the development of the country.

In addition to questioning the acquired and recognized rights related to these processes of demarcation, the Fundação nacional do índio (FUNAI – National Foundation for Indians), the federal body directly linked to the demarcation of Indigenous lands is being functionally deactivated. The budget approved in 2018 is insufficient to ensure the minimum conditions that give continuity to its tasks. Further, to curtail efforts to protect Indigenous lands, on the first day of his mandate, (January 1, 2019) the government of Jair Bolsonaro approved a decree that assigns the responsibility of certifying the protection of Indigenous territories to the Ministry of Agriculture, which is well known to defend the interests of business’ that want access to previously restricted and protected Indigenous lands.

Indigenous Peoples in Chile

There are 10 different Indigenous groups in Chile. The largest one is the Mapuche, followed by the Aymara, the Diaguita, the Lickanantay, and the Quechua peoples. Chile is the only country in Latin America, that does not recognise the Indigenous Peoples in its constitution. For that, Indigenous groups face challenges, especially in terms of territorial rights.

However, the UN Declaration on the Rights of Indigenous Peoples was adopted by the Government of Chile on 13 September 2007 and ILO convention 169 was ratified in 2008. Despite Chile’s constitution not recognizing the Indigenous Peoples, the Ministry of Social Development has convened an Indigenous constitutional drafting process to gain the perspective of the Indigenous Peoples on the content of a new constitution.

Law No. 19,253 of 1993 on Indigenous promotion, protection, and development remains in effect, even though it does not meet international law standards concerning the rights of Indigenous Peoples to land, territory, natural resources, participation, and political autonomy.  

Indigenous Peoples in Chile 

There are 10 different Indigenous groups in Chile. Despite being in constant increase since the 1990s, the Indigenous population of Chile has not varied greatly since the 2017 census, resulting in 2,185,792 people self-identifying as Indigenous, or the equivalent of 12.8% of the country’s total population of 17,076,076. The Mapuche are the most numerous (almost 1,800,000 individuals), followed by the Aymara (156,000) and the Diaguita (88,000). 

Main challenges for Chile’s Indigenous Peoples

According to the Ministry of Social Development, 30.8% of the Indigenous population live in poverty, while for the non-indigenous population that figure is 19.9%. The region of Araucanía, which concentrates the largest Indigenous population, continues to be the country’s poorest region.

A continuous struggle for the Mapuche peoples is their rights to the lands and territories, which legally and/or ancestrally belong to them. In the Region of the Araucanía and Los Ríos, the rights of the Mapuche people have been gravely threatened by the expansion of extractive, production, and infrastructure projects. The great majority of these initiatives belong to private corporations.

Although a new legislative bill raises questions on the part of Indigenous Peoples and has created the Biodiversity and Protected Areas Service (SBAP) and the National Protected Areas System (SNAP), it fails to recognize the contribution of Indigenous Peoples to biodiversity, does not protect indigenous rights against public and private conservation initiatives, nor recognizes or protect indigenous and community conservation initiatives.

Another challenge is the criminalization of Mapuche social protest by the state. During 2017, the State broadly used the Antiterrorist Act to persecute members of the Mapuche people. During the course of the year, that law was invoked against 23 Mapuche persons charged with terrorist homicidal arson, terrorist arson, and/or terrorist conspiracy.

Legislative progress for Chile’s Indigenous Peoples

In August 2017, the Ministry of Social Development started to a process of consultation of Indigenous Peoples' perspectives in regard to the content of Indigenous matters for a new constitution. This process, namely the "Indigenous Constitutional Assembly Process" gathered proposals as involving the Indigenous Peoples' legal recognition as nations, the status of Chile as plurinational State, the right to the self-determination and autonomy, the right to the territory and natural resources, the right to special indigenous representation, and linguistic and social rights. However, the process has failed to take the content that the indigenous peoples had identified as priorities into account.

Indigenous Peoples in Costa Rica

Costa Rica has 24 Indigenous territories inhabited by eight different peoples. Although Costa Rica has adopted the UN Declaration on the Rights of Indigenous Peoples and ratified ILO Convention 169, rights to land and self-determination is still a struggle for the country’s Indigenous population. 

Although the 1977 Indigenous Law recognises the traditional Indigenous organisations, the concept of Integral Development Associations (ADIs) has been imposed on them and is completely alien to the indigenous peoples’ traditional power structures. The ADIs depend on the supervision, approval and willingness of the National Department for Community Development, a state body that does not have the capacity to understand cultural diversity, indigenous rights, differences between peoples and territories or an intercultural approach.

Indigenous Peoples in Costa Rica

Main challenges for Costa Rica’s Indigenous Peoples

Indigenous territorial rights are constantly violated in the country and more than half the area of some territories are occupied by non-indigenous settlers. In Costa Rica, the Indigenous lands have been titled without a prior process of regularisation, and the state hasn't taken any action to rectify the current situation.

The issue of Indigenous rights in Costa Rica and, in particular, the rights to land and self-determination, is facing fierce resistance from those who hold political and economic power. Although concrete progress was made in 2016 in terms of the government’s consultation of indigenous peoples and the precautionary measures granted by the Inter-American Commission on Human Rights (IACHR) were fulfilled, the Indigenous rights agenda continues to suffer delays.

This relates particularly to Congress’s consideration of the Law on Indigenous Peoples’ Autonomous Development, which, two decades on, has still not been discussed. The lack of discussion of the law is mainly due to strong racist resistance and opposition from the private sector, which considers the right to self-determination and self-management of Indigenous territories to be a risk to extractive investments. Additionally, the national policy for a Society Free from Racism, Racial Discrimination and Xenophobia (2014-2025), which should have commenced in 2015, is still awaiting implementation.

Indigenous peoples’ right to self-determination continues to be denied by the state. The draft bill of a law on Indigenous Peoples’ autonomous development has still not been discussed in the Congress, despite being submitted more than two decades ago.

Potential progress for Costa Rica’s Indigenous Peoples

The process of an Indigenous consultation mechanism began in 2016 and has experienced significant progress during 2017. Workshops, regional assemblies and national meetings were held with the Indigenous territories to discuss the consultation procedure. At the end of 2017, together with a technical team from the Ministry of the Presidency, an Indigenous Drafting Commission reviewed the results of the process and produced a final draft for discussion in February 2018.

Since 2014, the University of Costa Ria has been carrying out an institutional plan to promote and ensure the admission of students from Indigenous communities from around the country. This plan also seeks that new Indigenous students remain in the university. In 2017, the university was involved in mentoring around 400 indigenous students in high school. Moreover, the institution saw 32 new indigenous students coming from all different territories in the country.

Indigenous Peoples in Colombia

Along with many campesinos and Afro-Colombian, many Indigenous Peoples in the country continue to struggle with forced displacement and landlessness as a result of the long-term armed conflict in Colombia.

The Government of Colombia adopted the UN Declaration on the Rights of Indigenous Peoples in 2007. The Political Constitution of 1991 recognised the fundamental rights of Indigenous Peoples and ratified ILO Convention 169.

At the national level, Indigenous Peoples are represented by two main organizations: the "Organización Nacional Indígena de Colombia" (ONIC) and "Autoridades Indígenas de Colombia" (AICO).

President Santos signed a decree in 2014 that created a special regime to put into operation the administration of Indigenous Peoples' own systems in their territories until Congress issues the Organic Law of Territorial Management that will define the relations and coordination between the Indigenous Territorial Entities and the Municipalities and Departments.

There are 65 Amerindian languages spoken in the country. Of this 65, 5 have no capacity for revitalization and another 19 are in serious danger of disappearing.

Main challenges for Colombia’s Indigenous Peoples

Data from the Victims Unit show that 192,638 Indigenous People and 794,703 Afro-Colombians were affected by the war experienced in recent years. The guerrilla made life impossible for several indigenous peoples and Afro-Colombians, and massacres such as that of the Awá in Nariño and Afro-Colombians in Bojayá, mined collective territories, communities stripped of their territories and young people and children recruited are some examples of the FARC's violent acts carried out against ethnic peoples.

Almost a third of the national territory is categorised as indigenous reserves, and most of them have to face serious environmental conflicts and land grabbing due to extractive activities in the zone.

Indigenous Peoples in French Guiana

France has not ratified ILO Convention 169, an international legal instrument dealing specifically with the rights of Indigenous and tribal peoples. France only recognises Areas of Collective Land Use Rights, concessions and transfers, which cover 8% of the area of French Guiana and give only a simple right to use of the land.

Indigenous Peoples in French Guiana

The Pahikweneh, the Lokono, and the Téleuyu peoples live along the coast between Saint Laurent du Maroni and Saint Georges de l’Oyapock. The Wayampi and the Teko peoples live in the Upper Oyapock, and the Wayana peoples, plus a few Teko and Apalaï, in the Upper Maroni. Their traditional practices of fishing, hunting, gathering, and slash-and-burn agriculture have become increasingly difficult due to numerous regulations and mining activities.

France has recognised regional languages since 1992, and there has been academic provision for mother-tongue teachers since 1998.

Main challenges of French Guiana’s Indigenous Peoples

One of the main struggles of Indigenous Peoples in French Guiana relates to the consequences of illegal gold mining, which affects natural habitats and the local populations that depend on those habitats. Especially, the Guiana Amazonian Park (PAG) has experienced an increase in illegal gold mining sites in recent years.

Wild game is increasingly rare, as forest and river environments are being polluted and destroyed, and the local populations experience significant health problems and related social consequences, such as insecurity, illegal trafficking, prostitution, and violence, among other issues.

Another struggle relates to the forced evangelisation of the Indigenous populations of South America, which has considerably grown in scale in French Guiana during recent years. The evangelisation practices promote different values rather than the respect for traditional, particularly shamanic, beliefs and they encourage changes in the traditional way of life of the Amerindians, as for example, to stop drinking the traditional drink cachiri and to no longer practise their artisanal and ceremonial activities.

Indigenous Peoples in Ecuador 

The Indigenous population in Ecuador accounts for approximately 1.1 million people. Ecuador voted in favour of the UN Declaration on the Rights of Indigenous Peoples in 2007 and has ratified ILO Convention 169. However, the Indigenous population does not have full guarantees of civil, political, cultural, and territorial rights, and are still facing a number of serious challenges, and there aren't any specific public policies in place to prevent and neutralise the risk of disappearance of Ecuador’s Indigenous Peoples.

Indigenous Peoples in Ecuador 

The current population of Ecuador is 17,475,570 inhabitants (National Institute of Statistics and Census INEC, August 2020), and there are 14 Indigenous nationalities totalling nearly 1,100,000 inhabitants, grouped into a number of local, regional and national organisations. 

24.1% of the Indigenous population live in the Amazon, divided into 10 nationalities. Of the Andean Kichwa population, 7.3% live in the Southern Mountains and 8.3% in the Coastal region and on the Galapagos Islands. 60.3% of the Andean Kichwa live in six provinces of the Central-Northern Sierra; and the remaining 8.3% live in the Coastal region and the Galapagos Islands.

The Shuar, who form a nationality of more than 100,000 people, have a strong presence in three provinces of the Amazonian Centre-South, where they account for between 8%and 79% of the total population. The rest are spread in small groups across the country.

There are different nationalities with very little populations that are in a highly vulnerable situation. In the Amazon, the A’i Cofán with 1,485 inhabitants, the Shiwiar with 1,198 inhabitants, the Siekopai with 689 inhabitants, the Siona with 611 inhabitants, and the Sapara with 559 inhabitants. On the coast, we can find the Épera with 546 inhabitants and the Manta with 311 inhabitants.

Main challenges for Ecuador’s Indigenous Peoples

The public policies ensuring automatic or full guarantees of Indigenous rights in Ecuador, particularly civil and political, cultural and territorial, generally have not improved.

A key problem for the Waorani peoples revolves around the state’s persistent promotion of the exploitation of oil on their territory known as the Waorani Reserve and the Yasuní National Park. There is also an aggressive presence of large-scale mining on the Shuar territory.

Potential progress for Indigenous Peoples in Ecuador 

A presidential call for a referendum to be held in February 2018 aimed to ensure the support of the Indigenous movement and environmental groups by including questions on banning extractive activities, for example, metal mining in ecologically fragile areas, and on limiting oil exploitation in Block 43 of the Yasun National Park: 67.5 percent voted in favor of increasing Yasuní National Park’s Intangible Zone by at least 50,000 hectares and reducing the oil extraction area in the park from 1,030 to 300 hectares.

Indigenous Peoples in Guatemala

Guatemala is home to 24 ethnic groups. Although the Government of Guatemala has adopted the UN Declaration on the Rights of Indigenous Peoples, the country’s Indigenous Peoples continue to face a number of challenges, especially in terms of political participation, health, employment, income, housing, and education.

Indigenous Peoples in Guatemala

The country still lacks a differentiated statistical base on Indigenous Peoples, especially on Indigenous women, but it is well-known that there are disparities between the Indigenous and the non-indigenous population in employment, income, health, and education.

Statistics clearly demonstrate persistent racism and discrimination against Indigenous Peoples. Despite representing more than half of the population and participating actively in the country’s economy, their political participation is not equitably reflected.

Main challenges for Guatemala’s Indigenous Peoples

One of the main struggles for Indigenous Peoples in Guatemala relates to political participation. The electoral system is defined by exclusion of Indigenous Peoples, and they primarily participate as voters, rather than as candidates with true possibilities of being elected.

With respect to health, employment, income, housing, and education, there is a great disparity between Indigenous Peoples and the rest of the population. Official data indicates that poverty affects 75% of Indigenous people and 36% of non-indigenous people; chronic malnutrition affects 58% of Indigenous people and 38% of non-indigenous people; and, in terms of political participation, Indigenous individuals represent no more than 15% of parliamentarians and high-ranking public officials.

Another challenge for Guatemala’s Indigenous Peoples relates to the absence of a water act. The use, management, and conservation of water are not officially regulated, and several private companies take advantage of this by not paying for their water usage, nor contributing to water conservation, and without assuming any responsibility for pollution caused by discharges of waste. The majority of groundwater recharge areas are located within Indigenous territories, and the affected Indigenous Peoples do not receive any support from the state or from water users to protect the aquifers. Several communities have demanded that the state commence a broad discussion to draft a water act, but they have yet to be met.

After provisionally protected the communities of the Q’eqchi people by opposing the construction of two internationally funded hydroelectric projects in their territory, the Constitutional Court eventually issued a final judgment that approves the continuation of the projects and forces the Government to formulate and approve a regulation to standardise the holding of community consultations. Indigenous and social organizations expressed their opposition. This ruling violates the rights of Indigenous Peoples, ILO Convention 169 and the laws of the country itself because community consultations do not require any regulation and must be carried out according to the mechanisms of the Indigenous Peoples.

Potential progress for Guatemala’s Indigenous Peoples

In 2016, 34 years after committing the crimes, a group of army officers were sentenced to 120 and 240 years of imprisonment for raping15 Maya Q’eqchi women and force them into sexual slavery. The case sets a precedent worldwide since it is the first time a crime of sexual abuse during an armed conflict has gone under trial in the same country where it was committed. However, other cases of crimes committed by the military against the indigenous population during the armed internal conflict remain in impunity.

Indigenous Peoples in Mexico

Mexico is home to 68 Indigenous Peoples, each speaking their own native language and together accounting for 364 variants. There are 16,933,283 indigenous persons in Mexico, representing 15.1% of the total population. Mexico adopted the UN Declaration on the Rights of Indigenous Peoples in 2007, signed ILO Convention 169 in 1990 and became a pluricultural nation by amending Article VI of the Constitution in 1992. Yet, the country’s Indigenous population are still facing a number of challenges.

Mexico’s Indigenous Peoples 

The National Institute of Statistics and Geography (INEGI), the National Population Council (CONAPO), and the Economic Commission for Latin America (ECLAC) registered 16,933,283 indigenous people in the country, representing 15.1% of all Mexicans (112,236,538). There is a sustained population growth due to higher rates of indigenous fertility, offset only in part by the higher general mortality rate.

Mexico is the country in the Americas with largest indigenous population and the greatest number of native languages spoken in its territory, that is 68 languages and 364 counted dialect variations.  The 2020 Census, produced by INEGI, indicated that 6.1% of the national population aged three years and over was registered as speaking an Indigenous language, being some 7.36 million people. This proportion was 6.6% in the 2010 Census.

In addition, the 2020 Census noted that 11.8 million people live in Indigenous households in Mexico, 5.7 million of them men and 6.1 million women. In terms of native languages, Nahuatl continues to be the most widely spoken, with 22.5% of Indigenous language speakers, or 1.65 million people, followed by Mayan with 774,000 speakers (10.6%).1 Two percent (2.0%) of the national population also reported being of African descent, of whom 7.4% confirmed speaking an Indigenous language.

Main challenges for Mexico’s Indigenous Peoples

One of the main challenges faced by Indigenous Peoples in Mexico relates to a lack of recognition. In 2001, as a result of an Indigenous Peoples’ mobilization demanding legislation based on the "Acuerdos de San Andrés" — result of the negotiations between the Government and the Zapatista National Liberation Army (EZLN) in 1996 —, Articles 1, 2, 4, 18, and 115 of the Mexican Constitution were amended.

As of 2003, the EZLN and the National Indigenous Congress (CNI) commenced implementation of the Accords throughout its territories, creating autonomous Indigenous governments in Chiapas, Michoacán, and Oaxaca. Although the states of Chihuahua, Nayarit, Oaxaca, Quintana Roo, and San Luís Potosí have provisions regarding Indigenous Peoples in their state constitutions, Indigenous legal systems are not yet fully recognized.

Another challenge relates to Mexico’s Indigenous People’s health. Indigenous Peoples are considered to be the most vulnerable sector of the population in regard to this matter, with the highest maternal and infantile mortality rates, acute and chronic malnutrition rates higher than the national average, lower life expectancy, and severe limitations for access to health services.

In relation to human rights, the Front Line Defenders report reveals that Mexico ranks fourth among the world’s most dangerous countries for defenders of rights. During 2017 there were 31 murders, the majority of which were of activists involved in Indigenous and environmental causes. 

Case: Visit by the UN Special Rapporteur on the Rights of Indigenous Peoples  

In November 2017, the former United Nations Special Rapporteur on the Rights of Indigenous Peoples, Ms. Victoria Tauli-Corpuz, made an official visit to Mexico. She met with federal and state authorities, as well as with representatives of Indigenous Peoples and organizations of civil society.

Some of the issues highlighted by her in her end-of-mission statement were the following. First, the fact that the Indigenous Peoples are not being adequately consulted in accordance with international standards on projects and other decisions that affect their rights, including the right to the life. An alarming 99% impunity rate in cases of human rights violations particularly affects Indigenous persons. Moreover, the violence faced by Indigenous groups who struggle for their rights, in particular in cases of implementation of extractive megaprojects.The Special Rapporteur emphasised the fact that the report’s objective is to make known the principal violations of the rights of Indigenous Persons and communities in Mexico.

Effects of Covid-19 

It is important to note that problems of under-reporting of the Indigenous population were exacerbated by the early suspension of census data collection due to the COVID-19 pandemic. Due to marginalisation, discrimination, violence, land dispossession and a lack of access to decent housing and public health services, among other factors, Mexico’s Indigenous population has become one of the most vulnerable sectors to the SARS-CoV-2 virus. Indigenous communities decided to respond by designing and implementing their own methods and protocols to combat the pandemic, such as disseminating information through their community communication systems and in their native languages, restricting movements in and out of their territories, and ensuring a strengthened sense of solidarity and communality. The virus has, nonetheless, reached most of their regions.

Indigenous Peoples in Nicaragua

There are seven Indigenous Peoples of Nicaragua. Nicaragua has adopted the UN Declaration on the Rights of Indigenous Peoples and ratified ILO Convention 169 in 2010. Yet, its indigenous communities are facing a great number of challenges, especially in terms of construction through communal lands affecting their livelihoods, and in terms of the state failing to comply with its legal obligation to honour the title of the lands in favour of the Indigenous communities.

The Indigenous Peoples of Nicaragua

Three of Nicaragua’s seven Indigenous Peoples live in the Pacific, central and northern regions: the Chorotega (221,000), the Cacaopera or Matagalpa (97,500), the Ocanxiu or Sutiaba (49,000) and the Nahoa or Nahuatl (20,000).

In addition, the Caribbean (or Atlantic) coast is inhabited by the Miskitu (150,000), the Sumu or Mayangna (27,000) and the Rama (2,000).

Other peoples who also enjoy collective rights, according to the Political Constitution of Nicaragua (1987), are the Afro-descendants, also known as “ethnic communities” in national legislation. These include the Creole or Kriol (43,000) and the Garífuna (2,500).

The Sandinista National Liberation Front (FSLN) came to power in Nicaragua in 1979, subsequently having to confront the U.S.-funded “Contra” rebel groups. Peasant farmers from the Pacific and the Indigenous Peoples of the Caribbean Coast participated in the Contra. In 1987, following a friendly settlement of the conflict through the Inter-American Commission on Human Rights (IACHR), and in order to put an end to this Indigenous resistance, the FSLN created the Autonomous Regions of the Northern Caribbean Coast (RACCN) and Southern Caribbean Coast (RACCS), based on a Statute of Autonomy (Law No. 28).

Following the judgment of the Inter-American Court of Human Rights (IA Court) in the case of the Mayangna (Sumo) community of Awas Tingni v Nicaragua in 2001, Law No. 445 on the Communal Property Regime of the Indigenous Peoples and Ethnic Communities of the Autonomous Regions of the Atlantic Coast of Nicaragua and of the Bocay, Coco, Indio and Maíz rivers was issued, recognising these communities’ right to self-government and creating a procedure for the titling of their territories. The state began the titling process in 2005 for the 23 Indigenous and Afro-descendant territories in the RACCN and RACCS, culminating in the issuing of property titles.

In 2007, Nicaragua voted in favour of the UN Declaration on the Rights of Indigenous Peoples and in 2010 ratified ILO Convention 169. The Alliance of Indigenous and Afro-descendant Peoples of Nicaragua (APIAN) was formed in 2015.

Main challenges for Nicaragua’s Indigenous Peoples

A major concern for the Indigenous Peoples of Nicaragua is that the government is pushing ahead the construction and promotion of the Grand Interoceanic Canal through communal lands, which is affecting the livelihoods of the Indigenous Peoples to a high degree.

During 2017, the IACHR has reiterated its concern for defenders of rights to land and to natural resources, and for Indigenous Persons and afro-descendants engaged in such defence work, who continue to face great risks of violence in Nicaragua.

Potential progress for Nicaragua’s Indigenous Peoples

In 2016, the IACHR granted precautionary measures in favour of 12 communities. However, the State of Nicaragua did not respect the precautionary measures, and community members are still unable to move freely and use their lands to engage in hunting, fishing, and fruit gathering activities because they are faced with armed settlers who are invading encroaching upon their lands.

Indigenous Peoples in Panama

There are seven Indigenous Peoples of Panama. Although Panama adopted the UN Declaration on the Rights of Indigenous Peoples in 2007, its indigenous communities are facing a number of challenges, especially in relation to recognition of and rights to territories as well as forcible eviction.

Moreover, the Government of Panama announced in 2010 that it would ratify ILO Convention 169, an international legal instrument dealing specifically with the rights of indigenous and tribal peoples. However, no significant progress has been made in this regard.

The Indigenous Peoples of Panama

The seven Indigenous Peoples of Panama are the Ngäbe, the Buglé, the Guna, the Emberá, the Wounaan, the Bri bri, and the Naso Tjërdi. According to the 2010 census, they number 417,559 inhabitants or 12% of the total Panamanian population. The national census was scheduled to take place in 2020 but, due to the COVID-19 pandemic, it had to be postponed. 

There are six regions, or comarcas, which are recognised by independent laws and are based on the Indigenous Peoples’ constitutional rights. These are the Guna Yala (1938), Emberá-Wounaan (1983), Guna Madungandi (1996), Ngäbe-Buglé (1997), Guna Wargandí (2000) and Naso Tjër Di Comarca (2020). In total, these comarcas cover an area of 1.7 million hectares. After more than 40 years of struggle and demands for their ancestral lands, the Naso Tjër Di this year, in 2021, achieved a certain degree of autonomy and recognition of their political-administrative division by adding one more comarca. 

The Dule, Embera, Wounaan, Ngäbe, Bugle, Naso Tjër Di and Bri Bri Indigenous Peoples are all members of and participate in the umbrella organization the National Coordinating Body of Indigenous Peoples of Panama3 (COONAPIP). This year, in 2021, the 124 congresses and councils were further consolidated within the Vice-Ministry of Indigenous Affairs under the Ministry of the Interior. Everyone therefore had a place in the National Council for the Comprehensive Development of Indigenous Peoples.

Main challenges for Indigenous Peoples in Panama

2016 was markedly different from the previous year in Panama, as the Panameñista Party government curtailed implementation of indigenous rights in various ways. For example, Interior Minister Milton Henríquez stated in front of the leaders of all the country’s indigenous congresses and councils that the state would only recognise the traditional authorities of the five existing comarcas, thus side-lining the authorities of 30 indigenous territories from any future consultations and negotiations. The Minister was consequently declared persona non grata by all the indigenous authorities. Some decided not to participate as beneficiaries in the Indigenous Peoples' Comprehensive Development Plan.

Another challenge relates to Law 37 of August 2016. It establishes the mechanism for Indigenous Peoples’ prior, free and informed consent and, if applied appropriately, has the potential to prevent many future conflicts. Despite its draft bill having initially been presented by an indigenous Member of Parliament, and having been considered by the Legislative Committee for Indigenous Affairs, the law was not put out to consultation with the Indigenous Peoples.

On another note, the Barro Blanco hydroelectric project in the Ngäbe-Buglé territory continues to be implemented without consent, with funds from the German Development Bank, a subsidiary of the German public financial institution, KfW and the Dutch Development Bank, FMO. Indigenous communities were forcibly evicted from the project area in order to begin a test fill of its reservoir, which flooded sacred sites, farmland and houses. These apparent violations led the indigenous authorities, in cooperation with activists, to draw international attention to the matter.

Potential progress for Panama’s Indigenous Peoples

Potential progress for the Indigenous Peoples of Panama may be found in the alternative way of obtaining the titling of collective lands. Since 2008, Law 72, has set out the special procedure for awarding a collective title to the lands of Indigenous Peoples, not within comarcas. To date, only five territories have been titled under this law, and these were smaller in size than the actual area of traditional territory claimed.

It is estimated that once the process of collective land titling is completed, a total area of 2.5 million hectares will have been recognized to the Indigenous Peoples, covering 63% of the country’s forests. A number of protected areas have been superimposed on these territories, without gaining the consent of the indigenous peoples. The titling of 25 outstanding territories is an urgent need given that it has been shown to be an effective way of preserving Panama’s forests, which have been cleared at a rate of around 16,000 hectares a year over the last 10 years.

In 2017, the youth of the Gunayala Comarca held their first Guna General Congress, where they approved a set of resolutions, such as the creation of the Guna youth training school, use of traditional dress, a request to show a greater interest in meeting and conversing with indigenous youth, the creation of a youth commission to support the Secretariat of Territorial and Defence and participate in the activities that are carried out.

Indigenous Peoples in Paraguay

There are 19 Indigenous Peoples in Paraguay. Paraguay voted in favour of the UN Declaration on the Rights of Indigenous Peoples in 2007 and ratified ILO Convention 169. However, Indigenous Peoples are especially challenged by structural discrimination and lack of economic, social, and cultural rights and the state does not promote, interpret, or apply the declaration nor the convention sufficiently, and thus the fundamental rights of Paraguay’s Indigenous Peoples are constantly violated. This deficiency is seen in all three branches of government: executive, legislative, and judicial.

Indigenous Peoples of Paraguay

Five linguistic families and 19 Indigenous Peoples self-identify in Paraguay: Guaraní (Aché, Avá Guaraní, Mbya, Pai Tavytera, Guaraní Ñandeva, Guaraní Occidental), Maskoy (Toba Maskoy, Enlhet North, Enxet South, Sanapaná, Angaité, Guaná), Mataco Mataguayo (Nivaclé, Maká, Manjui), Zamuco (Ayoreo, Yvytoso, Tomáraho) and Guaicurú (Qom). According to 2017 statistics, the country’s Indigenous population numbers 122,461 individuals.

According to the National Indigenous Census on Population and Housing 2012, the largest portion of the indigenous population, that is 52.3%, inhabits in the Eastern region, while the Chaco region contains the greatest diversity of peoples.

Although Paraguay’s Indigenous Peoples form a part of the country’s great diversity and cultural wealth, they are also victims of systematic, structural discrimination by the state and by non-indigenous society. In this regard, they represent the country’s poorest, most excluded, most marginalized population, and all human rights of the Indigenous Peoples —civil, cultural, economic, social, and political— are violated and undermined on a constant basis. This situation principally plays out through the invasion, destruction, and expulsion from their traditional lands and ancestral territories, where they live their lives and where their worldview, survival, and cultural practices are deeply rooted.

Main challenges for Paraguay’s Indigenous Peoples

During 2016, the state intensified the structural discrimination faced by Paraguay’s Indigenous Peoples, as was expressly observed by the UN Special Rapporteur on the Rights of Indigenous Peoples, the Committee on the Elimination of Racial (CERD), non-treaty bodies, and treaty bodies of the UN, as well as other international monitoring bodies. This discrimination translates into violations of the rights of the Indigenous Peoples both by acts and omissions of the state. An example is the forced removal of communities from their ancestral territories.

Another challenge of Paraguay’s Indigenous Peoples relates to structural discrimination. Factors such as corruption, the concentration of land ownership and environmental degradation combined with institutional weaknesses hinder progress in alleviating poverty and create obstacles for the indigenous population’s dignified access to fundamental rights, such as water, education, and health, among others.

The rates of poverty and extreme poverty among Indigenous Peoples are 75% and 60% respectively, which far exceeds the national average. As for the situation of children under the age of five, the rate of extreme poverty is 63%, compared to the 26% national average, and the rate of chronic malnutrition is 41.7%, compared to a 17.5% national average. These figures demonstrate the profound gap of inequality separating the Indigenous Peoples from the rest of the population.

The violation of these rights and the situation of discrimination are indeed due to the asymmetry of economic power of agro-business in comparison with the Indigenous Peoples. Yet another fundamental factor is that the state is absent in applying the control that ought to be provided by the Ministry of Justice and Labor.

Potential progress for the Indigenous Peoples in Paraguay

In the context of an Inter-institutional Cooperation Agreement with the Supreme Court of Electoral Justice (TSJE), the Civil Registry and Department for Identification, the Coordinating Body of Indigenous Leaders of the Lower Chaco (Clibch), Diakonia and the NGO Tierraviva in the context of a European Union project being conducted to document and record members of 70 indigenous communities on the electoral register, resulting in documents being issued to more than 21,000 people in a department inhabited by a total of 27,000.

Indigenous Peoples in Peru

There are 4 million Indigenous Peoples in Peru, who are comprised of 55 groups speaking 47 languages. Peru voted in favour of the UN Declaration on the Rights of Indigenous Peoples in 2007 and has ratified ILO Convention 169. However, the country’s indigenous population are still struggling with extractive activities, such as oil spills and oil palm cultivation, on their territory.

Indigenous Peoples in Peru

According to the 2007 Census, Peru’s population includes more than 4 million Indigenous Persons, of whom 83.11% are Quechua, 10.92% Aymara, 1.67% Ashaninka, and 4.31% belong to other Amazonian Indigenous Peoples. The Database of Indigenous or Original Peoples notes the existence in the country of 55 Indigenous Peoples who speak 47 indigenous languages.

21% of Peru’s territory consists of mining concessions, which are superimposed upon 47.8% of the territory of peasant communities. Similarly, 75% of the Peruvian Amazon is covered by oil and gas concessions.

Peru’s Constitution stipulates that the official languages are Spanish and, in areas where they are predominant, Quechua, Aymara and other aboriginal languages. According to the Ministry of Culture, there are 47 indigenous and native languages in the country. Almost 3.4 million people speak Quechua and 0.5 million Aymara. Both languages are predominant in the Coastal Andes area.

Main challenges for Peru’s Indigenous Peoples

Extractive activities, such as oil spills and oil palm cultivation, and climate change, such as drought and forest fires, are the main threats to native communities and the huge variety of ecosystems and a great wealth of natural resources in Peru.

Currently, 21% of Peru’s territory consists of mining concessions, which are superimposed upon 47.8% of the territory of peasant communities. Similarly, 75% of the Peruvian Amazon is covered by oil and gas concessions.This overlapping of rights to communal territories, the enormous pressure being exerted by the extractive industries, the lack of territorial cohesion and absence of effective prior consultation are all exacerbating territorial and socio-environmental conflicts in Peru.

Watch how the road expansion into the Madre de Dios region in Peru and the following invasion of illegal loggers, miners and plantations is affecting Indigenous Peoples living in the area as the deforestation and pollution are destroying their traditional way of living. 

Case: Wampis sovereignty

Despite the fact that indigenous peoples have not been at the heart of public debate recently, some encouraging news came in 2016 the form of the consolidation of the Autonomous Territorial Government of the Wampis Nation (GTANW). The project first saw the light of day in November 2015 with a collective demonstration for autonomy from the Peruvian state on the part of the Wampis people. The Wampis nation achieved jurisdictional sovereignty over their territory of 1,300,000 hectares of land located in the Loreto and Amazonas regions, which they are protecting from outside interest in their natural resources.

The case formed a milestone in indigenous sovereignty as the constitution of this autonomous government forces the Peruvian state to recognise their independence within their own territorial boundaries. Now, the Kandozi and Chapra peoples have announced similar plans.

Watch are short movie about The Wampis Nation and the making of their congress here  

Indigenous Peoples in Suriname

There are 20,344 Indigenous People in Suriname. In 2007, Suriname voted in favour of the UN Declaration on the Rights of Indigenous but the legislative system of the country, based on colonial legislation, does not recognize Indigenous or tribal peoples. The country is one of the few in South American that has not ratified ILO Convention 169.

Indigenous Peoples in Suriname

According to the last census from 2012, the Indigenous Peoples of Suriname account for approximately 20,344 people or 3.8% of the total population of 541,638.

The four most numerous Indigenous Peoples are the Kali’.a (Caribs), Lokono (Arawaks), Trio (Tirio, Tareno) and Wayana. There are also small settlements of other Amazonian Indigenous Peoples in the south of the country, including the Akurio, Apalai, Wai-Wai, Katuena/Tunayana, Mawayana, Pireuyana, Sikiiyana, Okomoyana, Alamayana, Maraso, Sirewu and Sak.ta. The Kali’.a and Lokono live mainly in the northern part of the country and are sometimes referred to as "lowland" Indigenous Peoples, whereas the Trio, Wayana and other Amazonian peoples live in the south and are referred to as "highland" peoples.

Main challenges for Suriname’s Indigenous Peoples

The fact that the legislative system of Suriname is based on colonial legislation and has no legislation governing Indigenous peoples’ land or other rights is a major struggle for the lives of Indigenous Peoples. It represents a threat to the survival and well-being of these communities, along with respect for their rights, particularly given the strong focus that is being placed on Suriname’s many natural resources, including oil, bauxite, gold, water, forests and biodiversity.

One of the main struggles among Indigenous Peoples, that is, land rights, has seen yet another step back during 2017. The parliament of Suriname approved an amendment to a core “Domain Land” law of 1982, that declared all land over which no title can be proven to be State Domain. The amendment sets to "protect" the traditional lands of Indigenous and tribal peoples by prohibiting the State from giving any concession right or land title in areas that are within a radius of five kilometres of Indigenous and tribal peoples’ villages, without the community’s consent. However, Pre-existing third-party rights are upheld, and the explanatory note to the amendment reiterates that all land remains domain land over which the State has exclusive decisive authority. Indigenous and tribal peoples’ organisations have expressed great concerns regarding the amendment that was approved without their involvement or comments.

Potential progress for Suriname’s Indigenous Peoples

VIDS, the "Vereniging van Inheemse Dorpshoofden in Suriname" (Association of Indigenous Village Leaders) has been awarded the inaugural EU Human Rights Award by the Delegation of the European Union for Guyana, Suriname and Trinidad and Tobago, in recognition of its valuable contributions in working towards promoting and defending the rights of Indigenous peoples in Suriname. During 2016 and 207, the association implemented an EU-funded national awareness programme on Indigenous peoples’ rights in order to gain more understanding of and sympathy for Indigenous peoples’ rights among the general public.

Indigenous Peoples in Venezuela

The Constitution recognises Venezuela as a multiethnic and multicultural society, and its basic provisions (Art. 9) establish that Indigenous languages are also official in the country. Indigenous Peoples in Venezuela account for 2.8% of the national population that accounts for around 32 million people. Nonetheless, other organisations believe that the indigenous population numbers over 1,5 million people. 

There was a remarkable resurgence of peoples considered extinct and from other countries in the region in the 2011 Census. 

 Venezuela has adopted the UN Declaration on the Rights of Indigenous Peoples and ratified ILO Convention 169. However, Indigenous Peoples in the country keep struggling with a lack of demarcation of indigenous habitat and lands, illegal mining activities, and environmental degradation.

In 1999, the Constitution of Venezuela recognised the multiethnic, pluricultural, and multilingual character of Venezuelan society. The country has also enacted a set of laws set to  develop the specific rights of Indigenous Peoples, such as the Law on Demarcation and Guarantee of the Habitat and Lands of Indigenous Peoples (2001), the Organic Law on Indigenous Peoples and Communities (2005), and the Indigenous Languages Act (2007), as well as several favorable provisions found in a number of Venezuelan legal norms.

Venezuela has also created institutions devoted to overseeing public policy formulation in indigenous affairs, such as the Ministry of Popular Power for Indigenous Peoples.

Main challenges for Venezuela’s Indigenous Peoples

The demarcation of indigenous territories continues to be the principal right pending of resolution for Venezuela’s Indigenous Peoples and communities. The Constitution’s interim provisions obligated the state to demarcate indigenous territories within not more than two years. However, according to several reports from Indigenous Peoples and communities themselves, the number of lands provided did not surpass 13% of the total.

During 2017, the Government of Venezuela implemented the Orinoco Mining Belt megaproject, which encountered serious confrontation from indigenous communities, as it overlaps with indigenous auto-demarcated territories. 

Illegal mining continues to be a major challenge for Venezuela’s Indigenous Peoples. In the recent years, areas such as the Yapacana National Park, the Orinoco, Atabapo, Guainía, Sipapo - Guayapo, Parú, Asita, Siapa and other rivers have suffered serious environmental destruction. Such activity has polluted the waters due to the presence of mercury and has altered the river ecosystems in general, taking the lives of numerous fish that are a source of food for indigenous communities.

Health problems within indigenous communities is another alarming issue. Among the Yanomami the infantile mortality rate is measured at 10 times higher than the national average and infantile mortality among the Pum. ethnicity ranges between 30% and 50% of live births. According to research, 2017 has seen a dramatic spread of HIV/AIDS in the Warao group: 10 out of every 100 indigenous Warao suffer from this condition. The Warao also a have a high incidence of tuberculosis.

Potential progress for Venezuela’s Indigenous Peoples 

In matters of land, Indigenous Peoples have experienced certain progress during 2017. They have seen the return to complete legal status of the Bari lands in the State of Zulia and the creation of the Caura National Park, which supposes the legal grant of environmental protection and entails a recognition for the lands of some indigenous communities.

The 15th National Population and Housing Census (2021) is currently being prepared, which includes Indigenous self-recognition, the use of languages, the criteria for communities in traditional contexts and the registration of centres of population of non-traditional Indigenous use.

Indigenous Peoples in Russia

Of the more than 160 peoples inhabiting the territory of contemporary Russia, 40 are officially recognised as indigenous. While the Russian constitution and national legislation set out the rights of “indigenous minority peoples of the North”, there is no such concept as “Free, Prior and Informed Consent” enshrined in legislation and thus, Indigenous Peoples are not recognised by Russian legislation as such. Russia has a multitude of regional, local, and interregional indigenous organisations, but the national umbrella organisation, RAIPON, operates under tight state control.

Russia has not endorsed the UN Declaration on the Rights of Indigenous Peoples, nor has it ratified ILO Convention 169. The country has inherited its membership of the major UN Covenants and Conventions from the Soviet Union: the ICCPR, ICESCR, ICERD, ICEDAW and ICRC. It also has ratified the Framework Convention for the Protection of National Minorities (FCNM) of the Council of Europe.

Indigenous Peoples in Russia

Of the more than 160 peoples inhabiting the territory of contemporary Russia, 40 are officially recognised as “Indigenous Minority Peoples” of the “the North, Siberia and the Far East”. The latter together number around 260,000, less than 0.2% of the total Russian population, of which ethnic Russians account for roughly 80%. One more group, the Izhma Komi or Izvatas, is seeking recognition, which continues to be denied, and at least one other, the Kerek, is already extinct. Seven more Indigenous Minority Peoples live in European Russia.

Larger peoples, for example the Tuvans and Yakuts, are not officially considered Indigenous Peoples, and their self-identification varies. Since the Russian annexation of Crimea, several ethnic groups who self-identify as Indigenous have come under Russia’s control: the Crimean Tatars, the Krymchaks and the Karaim; however, Russia has not recognised this self-identification.

Two-thirds of Indigenous Peoples are rural and largely depend on traditional subsistence strategies such as fishing, hunting and reindeer herding, while Russia as a whole, is a highly urbanised country.

Main challenges for Russia’s Indigenous Peoples

Civil society in Russia is affected by continually shrinking civic space. Since 2012, NGOs that receive foreign funding can be officially classified “foreign agents”, leading many of them to close down in order to minimise exposure to legal risks. Many foreign NGOs have been banned as “undesirable organisations”. Russia’s export revenues are largely generated from the sale of fossil fuels and other minerals, often extracted from territories traditionally inhabited or used by Indigenous Peoples. Like many resource-rich countries, Russia is heavily affected by the “resource curse”, fuelling authoritarianism, corruption and bad governance and which, in many ways, impacts negatively on the state of Indigenous Peoples’ human rights and limits opportunities for their effective protection.

Another struggle for Indigenous Peoples in Russia relates to land and natural resource rights. In 2015, an important article in Russia's legislation in regard to this issue was revoked. The articles stipulated that in places of traditional residence and traditional activities of indigenous peoples, local authorities should decide on the “prior determination of locations for the placing of objects” on the basis of the results of meetings or referenda of the indigenous and local communities. This means that local authorities have now lost most of their legal leverage in terms of being able to protect indigenous lands from incursions by business enterprises and other resource users. In 2015 and 2016, this led to a number of cases of violations of Indigenous Peoples’ land tenure.

The law on Territories of Traditional Nature Use (TTNU) from 2001 is the only federal law affording some form of recognition of Indigenous Peoples’ land tenure. However, the federal government has never confirmed any of the several hundred Territories of Traditional Nature Use (TTNU) created by regional and local administrations, in cooperation with indigenous communities, despite repeated calls from UN treaty bodies, indigenous organisations and human rights experts to do so. Thus, the regionally- and locally-established TTNU has no guaranteed legal status and can be dismantled at any time.

In relation to this topic, one more regulatory change passed in 2017, making fishing applications for members of Indigenous Peoples much more difficult. The legal principles are that they have the right to fish without special permits, but especially in the Pacific region of Russia, where fishing is big business, special rules and regulations require indigenous peoples to go through a tedious application process first, accept the amount, time and place assigned by the authorities for fishing and accept a number of additional restricts.

Indigenous Peoples in Sápmi

Sápmi is the Sámi people’s own name for their traditional territory. The Sámi people are the Indigenous people of the northern part of the Scandinavian Peninsula and large parts of the Kola Peninsula and they live in Sweden, Norway, Finland and Russia. There is no reliable information on the population of the Sámi people; they are, however, estimated to number between 50,000-100,000.

A report by the United Nations Special Rapporteur on the rights of Indigenous Peoples, Ms. Victoria Tauli-Corpuz, concluded that Sweden, Norway and Finland do not fulfil their stated objectives of guaranteeing the human rights of the Sami people.

Institutions of the Sami people

Politically, the Sámi people are represented by three Sámi parliaments, one in Sweden, one in Norway and one in Finland, while on the Russian side they are organized into NGOs. In 2000, the three Sami parliaments established a joint council of representatives called Sámi Parliamentary Council.

There are also other important Saami institutions, both regional and local, among others, Sami University College, which is a research and higher education institution for the needs of the Sami society, and where the language of work and teaching is mainly the language of Sami Sweden, Norway and Finland voted in favor of the UN Declaration on the Rights of Indigenous Peoples in September 2007, while Russia abstained.

The Sami people

There is no reliable information on how many Sámi inhabitants there are. However, it is estimated that they add up to 50,000-100,000.

Around 20,000 live in Sweden, which is approximately 0.22% of Sweden’s total population of around nine million. The north-western part of Swedish territory is the traditional territory of the Sami people. Sami reindeer herders, small farmers, hunters, fishermen and gatherers traditionally use these lands.

Around 50-65,000 live in Norway, between 1.06% and 1.38% of the total Norwegian population of approximately 4.7 million. Around 8,000 live in Finland, which is approximately 0.16% of the total Finnish population of around five million. Around 2,000 live in Russia, which is a very small proportion of the total population of Russia.

Challenges of the Sami

The United Nations Special Rapporteur on the rights of Indigenous Peoples, Ms. Victoria Tauli-Corpuz, reviewed the human rights situation of the Sami in Norway, Sweden and Finland in 2016 on the basis of information received during her visit to the Sápmi region, including a conference organized by the Sámi Parliamentary Council in Bierke / Hemavan, Sweden, in August 2015. Its report is also based on independent investigations. The report emphasizes that the three states do not meet their stated objectives of guaranteeing the human rights of the Sami people.

In particular, the report highlights the negative impacts that extractive industry operations are having on Sami livelihoods and culture. For example, the Norwegian Mining Law and the Swedish Minerals Law raise serious questions about the ability of States to respect, protect and fulfil the human rights of the Sami in the context of the extractive industry. In her report, Ms. Tauli-Corpuz raises questions about whether States clearly express the expectation that all commercial enterprises must respect human rights in all their operations.

In March 2016, the Human Rights Committee reviewed the seventh periodic report of Sweden on the International Covenant on Civil and Political Rights (CCPR). The Human Rights Committee welcomed the support of the State party for realizing the right of the Sami peoples to self-determination. The Committee remained concerned about four main issues: the slow progress in the negotiations for the adoption of the Sami Nordic Convention; the limited resources allocated to the Sami Parliament; the scope of the duty to consult with representatives of the Sami people in relation to extraction and development projects; and the difficulties faced by Sami claimants to demonstrate land ownership and the inability of Sami villages to obtain legal assistance under the law of legal aid.

The Nordic Sámi Convention

An important cross-border initiative of the Sami people has been the effort to develop a Nordic Sámi Convention with the aim of safeguarding and developing the autonomous bodies, livelihoods, culture, languages and way of life of the Sami population with the lowest possible interference of the imposition of national borders.

The negotiations on the Nordic Sámi Convention ended in January 2017. The Convention includes a total of 46 articles, all of which include Nordic joint approaches to safeguard and strengthen Sami rights. The convention includes provisions related to self-determination, non-discrimination, Sami governance (including Sami parliaments and their relationship to the state), rights to land, water and livelihoods, languages, education and culture.

The agreement has been criticized by legal experts and Sami organizations of the Sámi and is currently being considered by the three Sami parliaments and the governments of Finland, Norway and Sweden. The Sami parliaments of the three countries and the national parliaments will have to give their consent to the convention before it can enter into force.

The Kingdom of Tahiti became a protectorate under the French colonial project in 1842. Mā'ohi Nui (French Polynesia) has been an Overseas Collectivity of the French Republic since 2004. It enjoys relative political autonomy within the French Republic through its own local institutions: the Government and Assembly of Mā'ohi Nui.^[i] Mā'ohi Nui has many powers of its own that are no longer controlled by the French State, making these local institutions a key political issue for Polynesian political players.

Today, Mā'ohi Nui has a population of 283,000 (of which some 80% are Polynesians).[ii] The demographic profile for 2020 illustrates a slowdown in population growth – due to emigration and a falling birth rate, with an overall fertility rate of 1.7 children per woman – and an ageing population.[iii] Mā'ohi Nui is characterized by increasing social inequalities with, in particular, higher income inequalities than in mainland France, as noted by the French Polynesian Institute of Statistics (ISPF) and, in particular, its 2015 family budget survey, which showed that one-fifth of the Polynesian population was living below the poverty line.[iv] This situation can be explained in large part “by the very poor redistribution efforts of the Polynesian tax system”,[v] i.e. the absence of income tax. With consumer prices an average 31% higher than on mainland France,[vi] and after a decade of inflation, the end of 2022 and the start of 2023 were marked by a period of record inflation,[vii] leading to a new stage in the weakening of lower and middle-income households’ purchasing power, and thus of living conditions in general, with access to sufficient, quality food being a particular problem.

Mā'ohi Nui is also marked by a multitude of other social inequalities in comparison to mainland France. Gender-related inequalities are pronounced, with intra-family sexual violence statistically far more prevalent.[viii][ix] Mā'ohi Nui has long been characterized by its polarized political life, with the Tavini Huiraatira, an independence party led by Oscar Temaru, on the one hand, and the Tahoera'a Huiraatira, an autonomist party led by Gaston Flosse, on the other. Until 2016, the latter advocated staying within the French Republic but since then has focused on changing its autonomous status to that of an associated state.[x] In 2016, a succession crisis within Tahoera'a, following Flosse being declared ineligible to stand for public office (confirmed by the Court of Cassation in January 2022),[xi] led to the creation of a third political party, Tapura Huiraatira. This autonomist party was created in 2016 by Edouard Fritch, who was President of Mā'ohi Nui from September 2014 until April 2023.

^[i] Every five years, the Territory's registered residents vote to elect their representatives to the Territorial Assembly. These representatives are grouped into lists that share the 57 seats in proportion to the results obtained at the polls. Once installed, the representatives vote for a President, who also holds a five-year term of office and has the ability to appoint a government divided into several ministries.

^[ii]Institute of Statistics (ISPF), June 2021, Point Études et Bilans de la Polynésie française, No.1256 Bilan démographique. The last census noting “ethnic” categories dates from 1988: “Polynesians and similar” accounted for 80.58%, “Europeans and similar” 13.28% and “Asians and similar” 5.42%.

^[iii] Ibid.

^[iv] ISPF, 2017, Budget des familles: http://www.ispf.pf/bases/enquetes-menages/budget-des-familles-2015/publications

^[v] Tahiti Infos, 2 September 2019, “Les inégalités de revenus bien plus fortes au Fenua qu’en métropole”.

^[vi] ISPF, November 2023, Points études et bilans de la Polynésie française, No. 1391: 1391_Comparaison_spatiale_de_prix_PF_2022_aa73dbdc08.pdf (ispf.pf)

^[vii] ISPF, November 2023, Points conjoncture de la Polynésie française, No.1398: 1398_PC_Te_Aveia_2023_T2_4dfc9eab3a.pdf (ispf.pf)

^[viii] Jaspard M., Brown E., Pourette D., 2004. Les violences envers les femmes dans le cadre du couple en Polynésie française, Espace, populations, sociétés, 2, pp.325-341.
In 2004, 7% had experienced at least one sexual assault before the age of 15, and 7% had experienced domestic violence in the last twelve months.

^[ix] Hervouet, Lucille, “Qui suis-je pour juger? La production sociale du silence autour des violences sexuelles intrafamiliales en Polynésie française”, Terrains & Travaux 2022, pp.67-87.

^[x] Tahiti Infos, 10 March 2016, “Pay associé: Gaston Flosse présente son rêve statutaire”.

^[xi] “En Polynésie, Gaston Flosse définitivement condamné pour détournement de fonds publics.” Le Monde, 12 January 2022.

The Māori are the Indigenous People of Aotearoa (New Zealand). Although New Zealand has adopted the United Nations Declaration on the Rights of Indigenous Peoples, the rights of the Maori population remain unfulfilled. In addition, New Zealand has not ratified ILO Convention 169, an international legal instrument that specifically addresses the rights of Indigenous and tribal peoples.

The Māori  people

Main challenges for Māori 

Possible progress for Māori 

In 2016, Matike Mai Aotearoa, an independent working group led by iwi on constitutional transformation, published its report on an inclusive constitution for Aotearoa. The report is based on hundreds of meetings, presentations and discussions with the Maori people, and includes consideration of the possible foundational values ​​of a new constitution, such as community, belonging and conciliation.

The working group identifies 2040 as an aspirational goal for some form of constitutional transformation for Aotearoa. Its recommendations include the need to continue discussions on constitutional transformation, as well as formal dialogue between Maori, the Crown and local authorities, and the establishment of an additional working group. It also recommends that by 2021, a dialogue be initiated with the Crown to organize a convention on the Constitutional Transformation Treaty. The government has not commented on the report.

The Māori and the Crown continued to seek the settlement of Maori claims regarding historic Treaty infractions throughout 2017. Three groups had their mandates recognized, 5 negotiating terms signed with the Crown, 6 signed an agreement in principle, 9 agreed to that their settlement writings were ready to be presented to their members for ratification, one signed a deed in agreement with the Crown, 1 signed a memorandum of understanding, 4 had enact legislation that implements their agreements and 3 enacted legislation that gave effect to your agreements.

In February 2017, in its historic decision in Wakatū v. Attorney General, the Supreme Court of New Zealand held that the Crown owes equitable duties to traditional Maori landlords to protect their property rights. The progress continues in the recognition of the rights of the indigenous peoples in Aotearoa, with the pioneering decision of Wakatū and the continued impulse in the settlement of the historical claims of the Treaty.

Indigenous Peoples in Kanaky

The Indigenous People of Kanaky (New Caledonia) are the Kanak people. New Caledonia is currently undergoing a decolonization process in France leading to debates on the right of the Kanak people to vote, to self-determination and to indigenity.

France adopted the United Nations Declaration on the Rights of Indigenous Peoples on September 13, 2007. However, the indigenous peoples of New Caledonia have not yet benefited from the full implementation of the Declaration.

New Caledonia is an archipelago in the South Pacific, in the process of decolonization from France. According to the 2014 census, 268,767 people live in New Caledonia, made up of 39% of Kanak, 27% of Europeans, mainly French, 8% of Wallisians and Futunians, and almost 15% of residents of other origins, such as Tahiti, Indonesia, Vanuatu and Vietnam.

Fighting for the right to vote, self-determination and indigeneity

There are ongoing debates about the right to vote of the Kanak peoples, self-determination and indigenism. The Kanak people have been demanding their right to independence and self-determination since 1975. Today, the independence parties, mainly the Kanaks and the anti-independence political parties, are at odds with the formation of the electoral bodies for future elections.

In relation to the 2016 electoral census, the pro-independence political groups denounced the fact that some 25,000 kanaks were not registered in a special list to be able to vote in the referendum on independence. As an indigenous people of the country, these Kanaks could not exercise their right to self-determination and independence.

Yet, in several referendums held since 2018, still about 91% of the Kanak people voted for the independence of New Caledonia (while the overall vote for independence turned out to be 43.6% in 2018, and 47% in 2019).¹

In July of 2021, in a significant victory for the Kanak people, the New Caledonians elected the first Kanak and pro-indipendence president in nearly fourty years, Louis Mapau. He is a member of the party of Kanak Liberation PALIKA which within the parliament is a member of the UNI the National Union for Independence parliamentary group. It is presumed that he will push more active engagement in New Caledonias decoloization process. ²

References 

1 - Westerman, Ashley. "New Caledonia's New Government Seen As 'Significant Turning Point' In The Pacific", NPR, 11 March 2021. 

2 - "New Caledonia elects first pro-independence Kanak president", RNZ, 8 July 2021. 

Following Israel’s declaration of independence in 1948, the Jahalin Bedouin, together with four other tribes from the Negev Desert (al-Kaabneh, al-Azazmeh, al-Ramadin and al-Rshaida), took refuge in the West Bank, then under Jordanian rule. These tribes are traditionally semi-nomadic agro-pastoralists living in the rural areas around Hebron, Bethlehem, Jerusalem, Jericho and the Jordan Valley.

These areas are today part of the so-called “Area C” of the Occupied Palestinian Territory (OPT), representing 61% of the West Bank. Under the 1995 Oslo Accords, Israel was granted temporary administrative and security control of Area C, which was due to be gradually returned to the Palestinian Authority by 1999. This never happened and, today, 27 years after the Oslo Accords were signed, Israel retains near exclusive control of Area C, including over law enforcement, planning and construction. It is home to all West Bank Israeli settlements, industrial estates, military bases, firing ranges, nature reserves and settler-only by-pass roads, all under Israeli military control. Over the years, Israel has dispossessed Palestinians of roughly 200,000 hectares of land, including farmland and pastureland, which it then generously allocated to settlements or declared as closed military zones and nature reserves. Some 700,000 Israeli settlers currently live throughout the West Bank (including East Jerusalem) in over 280 settlements, enjoying nearly all the rights and privileges accorded to Israeli citizens living in Israel proper, inside the Green Line. The short-lived Trump “Deal of the Century” recognized permanent Israeli possession of those settlements, in contravention of the landmark UN Security Council Resolution 2334 of 23 December 2016, which reaffirmed the illegality of Israeli settlements in the West Bank, including East Jerusalem and the Syrian Golan, under international law.

The situation of the Indigenous Palestinian Bedouin refugees of 1948, some 27,000 pastoral herders living under full Israeli military control in Area C, is currently a major humanitarian issue. Greatly at risk are 8,000 Bedouin (60% of whom are children) living in 46 small communities in the Jerusalem Periphery and some 4,500 pastoral herders in the Jordan Valley. Donor-funded humanitarian structures (shelters, goat pens, water tanks, schools, solar panels, toilets) continue to be deliberately targeted for demolition and confiscation: for example, in 2021, the UN Education Cluster reported that 46 Palestinian schools in Area C were under demolition orders or stop work orders, a five-year high, yet in 2022 that number climbed to 56 schools threatened with demolition or demolished and, although Isfey al Fauqa was the only school demolished in 2022, following its original demolition on 23 November on 6 December Israeli authorities confiscated two tents and one latrine provided as humanitarian aid in response to the demolition of that school. Meanwhile, the war crime of forced displacement by Israeli authorities remains a constant threat.