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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