On Indigenous Identity and a Language of Rights

Abstract

Over the past five decades, the category ‘indigenous peoples’ has emerged as a politically charged force on the global scene. Yet the meaning of indigenous is far from unambiguous. In theory, who is and who is not an indigenous person is largely defined through self-ascription, and the possibility of membership is determined by birth. As many indigenous leaders have argued, it would be incongruous for a state or state-like governing entity to be endowed with the authority to define indigenous membership.¹ In practice, however, indigenous peoples are not those who simply say they are indigenous. Claiming to be (or disavowing one is) indigenous has never guaranteed (either in the past or present) that vital communities — be they indigenous or non-indigenous — or relevant institutions — be they indigenous federations, state agencies, multilateral banks, or international law — recognize that status. This is because indigenous identity is neither historically fixed nor universally apparent. Rather shifting regimes of recognition are what define one to be indigenous in lived practice.