2.4 MINORITIES AND INDIGENOUS PEOPLES: In many countries where UNDP works there are both indigenous peoples and minorities. Indigenous peoples have distinct rights in international law, but minority and indigenous identities can exist along a continuum and might overlap in some cases. In recognizing these identities, UNDP could – with minorities and indigenous peoples themselves – consider objective and subjective criteria to determine which relevant rights and principles apply. The UNDG Guidelines on Indigenous Peoples’ Issues note that there is no legal definition of indigenous peoples. The Guidelines accept the prevailing view that no such definition is needed for the recognition and protection of indigenous peoples’ rights. In addition, the UNDG Guidelines note some of the attempts by international institutions to set out the key characteristics of indigenous peoples. For example, the UN Study on the problem of discrimination against indigenous populations (1986), prepared by Special Rapporteur, Jose Martinez Cobo, offers the following “working definition”: The UN Development Group (UNDG) Guidelines on Indigenous Peoples’ Issues, 2008, will apply in situations where communities self-identify as indigenous peoples (subjective criteria) and have specific issues that need protection (objective criteria), such as their distinct cultural identity, social structure, economic system, customs, beliefs, their traditional way of life, and a special connection with the land and natural resources that is essential to their social and cultural survival. It is paramount that UNDP take account of each country context and gain a good understanding of the relationship between indigenous peoples and minorities. Often both communities will have similar concerns, particularly from an economic, social and cultural rights perspective, and may be vying for the same government resources or land. A “do no harm” approach could be used to ensure that UNDP initiatives do not create or exacerbate conflict between communities by unfairly privileging some over others without a justification that is based on objective criteria and consideration of the human rights of all people and peoples affected. Creating opportunities for dialogue between communities and with government on shared issues of concern may present an effective way forward for inclusion. “Indigenous communities, peoples and nations are those which, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop and transmit to future generations their ancestral territories, and their ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal system.4 Indigenous peoples have particular rights in international law. These include rights to:  Self-determination  Collective land rights  Use of natural resources and territories  Practice customary law  Environmental conservation   Protect traditional knowledge, intellectual property, and cultural heritage Free, prior and informed consent to measures that affect them or their lands and territories UN Doc. E/CN.4/Sub.2/1986/7 and Add. 1-4. 4 Chapter 2: Conceptual Issues 11