E/CN.4/2002/97
page 37
38
The regional strategy of the Project to Promote ILO Policy on Indigenous and Tribal
Peoples identified seven African countries in which it will operate. They are Cameroon,
the Central African Republic, Ethiopia, Kenya, Morocco, South Africa and the United Republic
of Tanzania.
39
Takemasa Teshima, “ICCPR Article 27 and the Ainu People”, 1998. In NGO Counter-report,
“Discrimination in Japan from the Perspective of the International Covenant on Civil and
Political Rights, Tokyo, Buraku Liberation and Human Rights Research Institute, 1998,
pp. 74-83. See also, Ainu Association of RERA, communication submitted to the
United Nations WGIP in July 2001.
40
“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 systems.” (E/CN.4/Sub.2/1986/7/Add.4, para. 379).
41
Convention 169 applies to: “peoples 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.”
42
“Indigenous peoples and individuals have the right to belong to an indigenous community or
nation, in accordance with the traditions and customs of the community or nation concerned.”
(art. 9) and “Indigenous peoples have the collective right to determine their own citizenship in
accordance with their customs and traditions” (art. 32).
43
See E/CN.4/Sub.2/AC.4/1996/2. A similar approach is followed by the Indigenous Peoples of
Africa Coordinating Committee (IPACC). See IPACC, Annual Report (November 1998 to
October 1999), appendix, p. 22.
44
CERD/C/SR.1246 of 5 March 1998; see also interventions by Russian NGOs at the WGIP
in July 2001.
45
CRC/C/15/Add.110 of 10 November 1999, para. 65.
46
A/56/38, paras. 319-360 of 31 July 2001, para. 356.
47
See General Assembly resolution 55/95 of 28 February 2001; see also Commission
resolution 2000/79 of 27 April 2000.