E/CN.4/2002/97 page 12 Development of Indigenous Peoples of Latin America and the Caribbean, which was established by the Ibero-American Summit Conference in 1992. In 1994 the IDB directors identified indigenous peoples as one of the groups targeted for assistance by the Bank. 29. In 1998, the Asian Development Bank approved its Policy on Indigenous Peoples. Recognizing the real and potential vulnerability of indigenous peoples in development processes, the policy requires that the Bank’s interventions in development support or assistance not affect indigenous peoples’ situation negatively, and that adequate and appropriate compensation be provided if necessary. E. Legislation and reforms at the national level 30. Many States have adopted legislation concerning indigenous peoples; such is the case in North America, Australia and New Zealand. The Indians and Inuit of Canada, the Aborigines of Australia and the Maoris of New Zealand are considered “first nations” or aboriginal peoples who have rights that are recognized in international law.4 These peoples, who lost their land to colonizers according to the now discredited doctrine of terra nullius, are reclaiming their territories based on the principle of aboriginal title. The concept has now developed in international law to protect rights of indigenous peoples.5 31. In Latin America, where for a long time indigenous peoples were not recognized as distinct segments of the population, the 1980s and 1990s witnessed a spate of constitutional reforms and special legislation concerning the rights of indigenous peoples, notably in Argentina, Bolivia, Brazil, Colombia, Ecuador, Guatemala, Mexico, Nicaragua, Paraguay and Venezuela. These legal reforms cover numerous issues such as land and territorial rights, customary law, language, educational and cultural rights, as well as autonomy and self-government in some cases. They generally direct Governments to give special attention to policies designed to further the development of indigenous communities.6 Yet even within this new legal framework, numerous alleged violations of the human rights of indigenous peoples are frequently reported. Among South-East Asian States, only the Philippines, Malaysia and, most recently, Cambodia have specific laws concerning indigenous peoples. 32. In the Scandinavian countries the Sami people are legally recognized as culturally distinct, with special rights. In Sweden, for example, a law adopted in 2000 grants the right of individuals to use the Sami language in dealings with the administration and the courts. Sweden and Finland are still considering whether to ratify Convention 169, as there are ambiguities regarding indigenous land rights in the national legislation of these countries. Sweden considers the Sami within the framework of its approach to national minorities, but in Norway the Sami are recognized as an indigenous people.7 A Sami parliament is empowered to negotiate issues of common concern with the Governments involved. At a different level, the autonomous status of Greenland in relation to Denmark is an example of a constructive relationship between an indigenous people and a former colonial power. The “Small Peoples of the North” in the Russian Federation are covered by the recent adoption of the Federal Law on Guarantees of the Rights of Small Indigenous Peoples of the Russian Federation in 1999, which is the first real step towards the recognition of indigenous peoples in Russia. The law provides for judicial protection of the rights of small indigenous peoples (art. 14) and establishes protection for the

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