On the Future of Indigenous Traditions - Munin

Panchayat have been nominated to enter into engagement to abide by the decision of a
Panchayat to be nominated by the Governor General’s Agent or his assistant shall immediately
direct a Moharrir to attend the Panchayat, whose duty it shall be under the direction of the
Panchayat to record their proceedings and award. He shall then direct them to proceed forth
with to some convenient place in his kutchery or adjoining it to investigate the matter at issue,
when the pleadings shall have been finished and evidence taken. The Panchayat shall direct
the Moharrir the parties to retire, consult and decide on their award, which award have been
duly attested with their signature they shall deliver to the Court appointing it, by who a decree
in conformity there with shall be passed with which shall not be appealable or set aside, unless
corruption can be proved against the Panchayat or unless the award shall be contrary to the
common law of country or the rules enacted by the Governor General in Council.”]
Indian State Delegation to UN WGIP
Full text of the statement made by the Indian delegation in UN: Ajai Malhotra,
Action on Draft Declaration on the rights of the indigenous peoples EOV before the
vote by India
29 June 2006
India has consistently favoured the promotion and protection of the rights of the indigenous
peoples. We have been supportive of the efforts made in the framework of the working group
of the Commission on Human Rights to elaborate a Draft Declaration for the rights of the
indigenous peoples. The text before us is the result of eleven years of hard work. The fact that
we have not been able to reach a consensus on every aspect of the declaration despite such
prolonged negotiations is only reflective of the complexity of the issue.
The Draft Declaration does not define who constitute “indigenous peoples”. In our
understanding, the issue of indigenous rights pertains to people in independent countries who
are regarded as indigenous on account of their descent from the populations which inhabited
the country, or a geographical region to which the country belongs, at the time of conquest or
colonization or the establishment of present State boundaries and who, irrespective of their
legal status, retain some or all of their own social, economic, cultural and political
institutions. This is the definition used in ILO Convention No. C 169 of 1989. We regard the
entire population of India at Independence, and their successors, to be indigenous, consistent
within the definition.
As regards to the references to the rights to self determination in the draft Declaration, it is
our understanding that the right to self determination applies only to peoples under foreign
domination and that this concept does not apply to sovereign independent states or to a
section of people or a nation, which is the essence of national integrity. We note that the
Declaration clarifies that this right to autonomy or self government in matters relating to their
internal and local affairs, as well as ways and means for financing their autonomous
functions.
With these understandings India is ready to support the proposal for adoption of the draft
Declaration on the Rights of Indigenous Peoples and will vote “yes” in its favor.
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