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Who counts as indigenous, and who decides?

There is no official worldwide definition of indigenous. The United Nations relies on self-identification: a people identify themselves as indigenous and are accepted by their own community. Common signs are a link to a land from before colonisation, a distinct language and culture, and a non-dominant position in society. Governments set their own legal rules.

The United Nations chose not to define the term, because any single definition would leave some peoples out. Instead it describes shared features: historical continuity with societies that existed before colonisation or settlement, a strong link to territory, distinct languages, cultures and institutions, and a wish to remain distinct.

Self-identification is the key test. ILO Convention 169, the main binding treaty on the subject, calls it a fundamental criterion. It works in two directions: the person identifies with the people, and the people recognise the person as one of their own. Outsiders do not get to decide.

In practice, national governments decide who is legally recognised. India lists Scheduled Tribes. The United States recognises tribes, and each tribe sets its own membership rules. Some governments, including several in Asia and Africa, say that all their citizens are indigenous and do not use the term for particular groups.

This gap between self-identification and state recognition is why counts differ from source to source. It is also why some peoples who see themselves as indigenous, and are accepted as such by other indigenous peoples, have no legal status in their own country.

Words used here

Sources

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