Indigenous Peoples

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Policy Issues

What happens when the developing member countries' (DMCs) laws and policies do not correspond to ADB's Policy on Indigenous Peoples?

ADB recognizes and respects the national laws and policies of the DMCs. At the same time, ADB recognizes a responsibility for ensuring equality of opportunity for IP and that its operations and assistance in its DMCs do not negatively affect the welfare and interests of IP. However, if there is any inconsistency with ADB policy, ADB assists the developing member country in formulating an appropriate development strategy to overcome the inconsistency through policy dialogue, advisory or preparatory technical assistance.

Why is there a need for a policy on IP?

• IP can be regarded as one of the largest vulnerable segments of society.
• Aside from being inadequately represented in various processes that direct development, IP are often unable to participate equally in the planning of development processes nor are they able to share in the benefits.
• Development programs designed for mainstream populations may not meet the needs and aspirations of IP.
• Lack of participation combined with the loss of access to land and resources have in many cases marginalized IP. In some extreme cases, IP have suffered physical oppression. In a few cases, indigenous cultures have disintegrated or disappeared.

ADB's Policy on Indigenous People requires that all programs and projects are screened for any impacts on IP so that issues and concerns can be appropriately addressed. This ensures IP an equitable share of the benefits and protects their interests by engaging them in the development process.

What is ADB's Policy on Indigenous Peoples?

ADB's Policy on Indigenous Peoples focuses on the participation of IP in development and avoiding any undesired effects of development. It ensures that both positive and negative impacts on IP in public and private sector projects and programs are screened. If the negative impacts of projects and programs are unavoidable, the policy ensures that the effects are mitigated and the affected IP are properly compensated. When there are positive impacts, ADB ensures that IP are benefited as much as the other affected populations.

Further, ADB's Policy on Indigenous Peoples

• provides a working definition of indigenous peoples to apply to ADB operations,
• addresses laws and international conventions that apply and practices of comparator institutions, and
• presents a set of objectives and operational approaches and procedures and considers the organizational implications of a formal ADB policy addressing indigenous peoples.

With regard to operations, how does ADB's Policy on Indigenous Peoples work?

ADB's Policy on Indigenous Peoples ensures that affected populations and persons are at least as well-off as they would have been in the absence of the intervention or that adequate and appropriate compensation is provided.

The policy ensures equality of opportunity for IP.

The policy ensures that the ADB interventions affecting IP are:

• consistent with the needs and aspirations of affected IP;
• compatible in substance and structure with affected IP's culture and social and economic indicators;
• conceived, planned and implemented with the informed participation of affected communities;
• equitable in terms of development efforts and impact; and
• not imposing the negative effects of development on IP without appropriate and acceptable compensation.

What is the working definition of "indigenous peoples" in ADB operations?

ADB defines "indigenous peoples" as groups with social or cultural identities distinct from those of the dominant or mainstream society. "Indigenous peoples" is a generic concept that includes cultural minorities, ethnic minorities, indigenous cultural communities, tribal peoples, scheduled tribes, natives, and aboriginals. IP are also described with reference to their ways of life. In addition, ADB recognizes that IP exhibit certain defining characteristics.

Significant characteristics of IP would be:

• descent from population groups present in a given area, most often before modern states or territories were created and before modern borders were defined; and
• maintenance of cultural and social identities; and social, economic, cultural, and political institutions separate from mainstream or dominant societies and cultures.

Additional characteristics often ascribed to IP include:

• self-identification and identification by others as being part of a distinct indigenous cultural group, and the display of desire to preserve that cultural identity;
• a linguistic identity different from that of the dominant society;
• social, cultural, economic, and political traditions and institutions distinct from the dominant culture;
• economic systems oriented more toward traditional systems of production than mainstream systems; and
• unique ties and attachments to traditional habitats and ancestral territories and natural resources in these habitats and territories.

How does ADB determine the extent of impacts on IP?

ADB projects and programs undergo close scrutiny to determine the extent of impact on IP. Screening is done through consultations involving the governments, IP organizations, NGOs, and IP experts, fact-finding missions and in-depth assessment. Part of the screening process involves the completion of checklists such as the initial screening form [ DOC ] and the IP categorization form [ DOC ].

Both checklists help project leaders identify the types and extent of impacts that may arise from the project or program. Under ADB's Policy on Indigenous Peoples, the required screening is a continuing process which takes place at each stage of a project or program.

Why are IP at risk of being disadvantaged in the development process?

Development is not a neutral process; it involves planned interventions in peoples' lives and often affects different groups in different ways.

Some issues regarding the vulnerabilities of IP are:

• Difference in views. Dominant society and IP may have different views as to the broad goals and objectives of development. IP sometimes view the principles and efforts of mainstream development as inappropriate or unsustainable, and as an intrusion into their ways of life. Furthermore, the physical intrusions into the customary domains accompanied by social intrusions into indigenous cultures and communities can be viewed by IP and others as a violation of key indigenous rights.
• Difference in development objectives. Since dominant groups often generate and define development interventions to achieve national goals and further their own interests, poverty reduction and the improvement of "quality of life" are the primary objectives of development. However, it is not always the case that these objectives (however defined) extend equally to all segments of society. Moreover, in growth-oriented economic development policies, IP communities may bear a disproportionate burden of the negative effects brought about by development projects without realizing commensurate benefits.
• Historic disadvantage. IP have historically experienced unequal and inequitable development, and therefore have been economically marginalized and denied access to power. The combination of inequality and prejudice of power, wealth, and prestige brought about by colonization have come to be institutionalized in the legal systems and institutions of the countries of the "developing" world. In response, ADB's Policy on Indigenous People recognizes that IP vulnerability is multi-stranded, including demographic and environmental dimensions in addition to the economic, social, and political dimensions.
• Unique relationship with the land. IP are often particularly vulnerable to changes caused by development programs because their identities are uniquely bound to their land and its resources. IP are at risk to experience the very unraveling of their ethno-cultural reality when deprived of access to their land and its resources. Their languages, world-views, and values may be in danger of extinction as a result of rapid change. Thus they should be active agents in shaping their futures as opposed to being forced to adapt to lifestyles changes which are imposed on their communities by forces beyond their control. Furthermore, issues related to IP are quite complex which is why development programs require special measures to ensure that the unique ties between IP and their lands are given full weight in the design of projects which affect them. Project reviews have revealed the urgent need to consult local IP communities, obtain their support, and ensure that they accrue culturally appropriate benefits and do not suffer adverse effects.

What is the safeguard policy update about?

ADB has embarked on a safeguard policy update to enhance the effectiveness of its safeguard policies, and ensure relevance to changing client needs and new lending modalities and instruments. On 18 July 2005, ADB posted an announcement to inform stakeholders about the safeguard policy update. Visit the safeguard policy update web page to learn more.

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