Sources from Publication on CDs: Documentary Films Toppo Biju. “KORA RAJI: An Episode <strong>of</strong> Jharkhand Diaspora”, AKHRA, Jharkhand, n.p. Ziegler Volkmar and Birraux Pierrette. “The Indian Summer in Geneva”, 1982-2000, Geneva: DoCip, n.p., CD-ROM <strong>On</strong>line Newspaper “Tripura Moves to get Authority for Customary Laws” Deccan Herald, 21 July, 2005, http://www.deccanherald.com/deccanherald/jul212005/national1319272005720.asp (15 July 2006). 110
Appendixes: International Definition <strong>of</strong> “<strong>Indigenous</strong> Peoples” The most accepted working definition <strong>of</strong> <strong>the</strong> “indigenous peoples” by <strong>the</strong> UN Special Rapporteur Martinez Cobo: <strong>Indigenous</strong> communities, peoples and nations are those which, having a historical continuity with pre-invasion and pre-colonial societies that developed on <strong>the</strong>ir territories, consider <strong>the</strong>mselves distinct from o<strong>the</strong>r <strong>of</strong> <strong>the</strong> sectors now prevailing in those territories, or part <strong>of</strong> <strong>the</strong>m. They form at present non-dominant sector <strong>of</strong> society and are determined to preserve, develop and transmit to fur<strong>the</strong>r generations <strong>the</strong>ir ancestral territories, and <strong>the</strong>ir ethnic identity, as <strong>the</strong>ir basis <strong>of</strong> <strong>the</strong>ir continued existence as peoples, in accordance with <strong>the</strong>ir own cultural patterns, social institutions and legal systems.” This historical continuity may consist <strong>of</strong> <strong>the</strong> continuation, for an extended period reaching into <strong>the</strong> present, <strong>of</strong> one or more <strong>of</strong> <strong>the</strong> following factors: (a) Occupation <strong>of</strong> ancestral lands, or at least <strong>of</strong> part <strong>of</strong> <strong>the</strong>m; (b) Common ancestry with <strong>the</strong> original occupants <strong>of</strong> <strong>the</strong>se lands; (c) Culture in general or in specific manifestations (such as religion, living under a tribal system, membership <strong>of</strong> an indigenous community, means <strong>of</strong> livelihood, life style, etc.); (d) Language (whe<strong>the</strong>r used as <strong>the</strong> only language, as mo<strong>the</strong>r tongue, as <strong>the</strong> habitual means <strong>of</strong> communication at home or in <strong>the</strong> family, or as <strong>the</strong> main, preferred, habitual, general or normal language); (e) Residence in certain parts <strong>of</strong> <strong>the</strong> country, or in certain regions <strong>of</strong> <strong>the</strong> world; (f) O<strong>the</strong>r relevant factors. 149 Wilkinson Rule: [“ 20. The Governor General’s agent and his assistants are authorised, as <strong>the</strong>ir discretion refer suits for decision to Panchayata after <strong>the</strong> planits has been filed and defendants answer received. Ei<strong>the</strong>r at <strong>the</strong> sadar Station or any o<strong>the</strong>r part <strong>of</strong> <strong>the</strong> district where <strong>the</strong> agent’s or assistant’s cutchery may be at <strong>the</strong> same time. The Panchayat to consist or three or four persons to be selected by <strong>the</strong> agent or assist from amongst <strong>the</strong> persons most conversant with <strong>the</strong> matter and <strong>the</strong> issue. The persons to compose <strong>the</strong> Panchayat should not be nominated until <strong>the</strong> plaintiff, defendant, and witnesses had been assembled. The plaintiff and defendant shall each be permitted to challenge any member <strong>of</strong> <strong>the</strong> Panchayat and on given sufficient reason for <strong>the</strong> challenge or o<strong>the</strong>r person or persons shall be selected to supply his or <strong>the</strong>ir place. The plaintiff and <strong>the</strong> defendant or <strong>the</strong>ir Agent shall each be called on. <strong>On</strong> <strong>the</strong> Governor General’s Agent or his assistant determining to refer a suit to a Panchayat, and before <strong>the</strong> member <strong>of</strong> <strong>the</strong> 149 Jose Martinez Cobo, Study <strong>of</strong> <strong>the</strong> Problem <strong>of</strong> Discrimination against indigenous populations, UN Doc. E/CN.4/Sub.2/1986/7/Add.4 paras.379-80. 111
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