India recently elected its first President, who is a member of the tribunal community, and the second women President. While her appointment as the 15th President of the Republic of India has contributed to breaking the glass ceiling for entry for women into the highest level of a political career, the election of a woman belonging to a Scheduled Tribe is lauded. Daroupadi Murmu, hailing from Uparbeda, a village in India’s eastern coastal state of Odisha, has previously served as the Governor for the State of Jharkhand and is a political party leader for the BJP. India’s Indigenous tribal communities, and economically marginalized population, make up nearly 10 percent of India’s population. Ms. Murmu belongs to the Santhal community. It is believed that Murmu’s position would bring about a much-needed change in the condition of tribal communities in India, which is often worsened by social stigma.
While Murmu’s election has sparked a conversation about political participation and indigenous communities, the role of international law in protecting the rights of indigenous communities is often ignored. Around the world, indigenous communities are not represented in the political sphere- the Aboriginals of Australia, Native Americans of North America, or the Samis of Europe.
Over the last 20 years, the right of Indigenous People has been increasingly recognized through the adoption of various international instruments such as the Escazú Agreement, 2021, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), 2007, the American Declaration on the Rights of Indigenous Peoples in 2016, and the Indigenous and Tribal Peoples Convention from 1991. While most of these instruments aim to tackle poverty, malnutrition, and other fundamental human rights, focus on improving education, political participation, and other civil and political rights are often ignored. E.g. The indigenous peoples of the United States have the lowest voter turnout rates of all racial and ethnic groups. Access to the ballot is furthered by barriers such as lack of physical address, IDs, and lack of representation. Similarly, First Nations people in Australia face many structural obstacles to political participation. This problem is also particularly acute in Latin America.
The Inter-American Court of Human Rights, in the case of YATAMA v. Nicaragua, held that the right to political participation is protected by the American Convention on Human Rights, and it obligates states to adopt special measures to enable indigenous participation in the political process. This case represents a landmark ruling and international legal precedent for guaranteeing the rights of indigenous peoples the right to political participation, and vis a vis has advanced the right of self-determination of indigenous people. However, little effort has been put into following this norm, which is increasingly reflected elsewhere in international practice.
Interestingly, while international instruments push for increasing political participation of indigenous communities in national politics, many communities stress their right to ‘not vote.’ In Canada, participating in Canadian elections is often seen as courting the legitimacy of the Canadian State, which has imposed its will on the First Nations and abused and tyrannized them. Nevertheless, most indigenous communities have pushed for increased political participation.
Why must the International community uplift the political participation of Indigenous communities?
The lack of political participation of indigenous communities is garnering attention owing to their long history of colonization, marginalization, and discrimination within the societies in which they live. Developing international norms, therefore, speak directly to the obligation of states to establish special remedial measures and enact procedural safeguards to encourage the political participation of indigenous groups in particular. The U.N. Declaration on the Rights of Indigenous Peoples guarantees the right to “participate fully, if they so choose, in the political . . . life of the State.” These measures are inherently remedial since they attempt to make up for past discrimination against indigenous groups through affirmative-action-type measures. Recently, the bust of Belgium’s King Leopold II was damaged, and monuments of European colonizers were vandalized and toppled over around the world. This movement, born out of the death of George Floyd in the United States, and the continuing conversation of racism, imperialism, colonization, and subjugation of Indigenous communities, have resulted in more and more people taking note of the lack of representation of minorities and indigenous communities in the political sphere.
Formatting action plans to increase the participation of indigenous communities will not only contribute to garnering popular support but also compliance and contribution to the customary international law on indigenous persons. But most importantly, this can tap into a section of society that has previously shunned away from politics and the ballot. The election of Murmu to the highest post of the Presidency has been criticized by opposition parties as Modi’s strategy to dive into the vote bank of India’s scheduled tribes. However, irrespective of the motives, if this could improve the conditions of the tribes and their access to political participation, it would be a win for the community. Political participation of indigenous communities also contributes to their right to self-determination and increases access to other social, cultural, and economic rights.
References
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Campbell M., The Right of Indigenous Peoples To Political Participation And The Case Of Yatama V. Nicaragua (2007). Arizona Journal of International & Comparative Law. Retrieved on July 20, 2022.
Report on indigenous political representation: Introduction and summary. Global American (October 6, 2017). Global American. Retrieved on 21 July, 2022) https://theglobalamericans.org/2017/10/report-indigenous-political-representation-introduction-summary/
Indigenous Peoples, Democracy and Political Participation. Political Database of the Americas. Center for Latin American Studies, Georgetown University. Retrieved on July 23, 2022) https://pdba.georgetown.edu/IndigenousPeoples/introduction.html
Tomaselli, A. (2017). The Right to Political Participation of Indigenous Peoples: A Holistic Approach. International Journal on Minority and Group Rights, 24(4), 390–427. Retrieved on July 23, 2022 https://www.jstor.org/stable/26557927
Morris, S. Mechanisms for Indigenous Representation, Participation and Consultation in Constitutional Systems International Examples to Inspire Chile, (2021) International Idea Institute For Democracy and Electoral Assistance Retrieved on July 22, 2022
By The European Institute for International Law and International Relations.
