E/CN.4/2002/97
page 13
indigenous environment, traditional lifestyle and economy, alternative military service, and
protection of traditional cultures and languages. A recent law of April 2001 refers to the
territories under traditional nature management by indigenous peoples.
33.
Only a handful of African States actually recognize the existence of indigenous peoples
on their territory. Ethiopia’s Constitution speaks of the unconditional right to self-determination
of every nation, nationality and people in Ethiopia. The Constitution of Cameroon protects the
rights of minorities and upholds the rights of indigenous people. The 1996 Constitution of
Uganda protects the rights of marginalized groups and is committed to affirmative action policies
in their favour. The 1996 Constitution of Algeria recognizes the Amazigh dimension of Algerian
culture and Namibia’s Constitution recognizes the Nama language. The democratic Government
of South Africa gives recognition to the rights of the San, generally acknowledged as the
aboriginal southern Africans. The Constitution promotes the protection of the Khoi, Nama and
San languages. Despite a changing legal environment, however, human rights violations of
indigenous peoples continue to be reported (see annex I).
II. MAJOR HUMAN RIGHTS ISSUES CONFRONTING
INDIGENOUS PEOPLES
34.
In 1953 the International Labour Office published a remarkable study on the living and
working conditions of aboriginal populations in independent countries in which it found that:
“As a rule the living standard of the aboriginal populations in independent countries is extremely
low, and in the great majority of cases is considerably lower than that of the most needy layers of
the non-indigenous population.”8 Three decades later, José Martínez Cobo, the Special
Rapporteur of the Sub-Commission on the problem of discrimination against indigenous
populations, observed that in “many countries they were at the bottom of the socio-economic
scale.”9
35.
More recently, the World Bank carried out a comparative empirical study on indigenous
peoples and poverty in Latin America which finds that “poverty among Latin America’s
indigenous population is pervasive and severe [and] the living conditions of the indigenous
population are generally abysmal, especially when compared to those of the non-indigenous
population”.10
36.
These findings are consistent with those of numerous other studies on the situation of
indigenous peoples the world over; they tend to show not only that the living conditions of the
indigenous people are generally deplorable, but also that this situation is closely related to the
discrimination and other human rights abuses of which indigenous peoples are the victims.
Despite efforts to improve their conditions, indigenous peoples are still handicapped by low
standards of living and face numerous obstacles in their attempts to overcome their situation.
37.
While some progress has been achieved over the last two decades, particularly as regards
international and national legislation relating to the human rights of indigenous peoples (see
Introduction), their overall situation is still a matter of great concern. If we look at different
indicators of achievement of social, economic and cultural rights, indigenous people consistently
score lower than the rest of the population.