Beyond Numbers: The Participation Of Indigenous Peoples In .

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Beyond numbers:the participation ofindigenous peoplesin parliamentSurvey reportSeptember 2014

AcknowledgementsPrepared for IPU by Karin Riedl, Ph.D. Alessandro Motter provided guidance to the survey project as well as first-line editing.Additional input was provided by Akiyo Afouda, Lola García-Alix, Chief Wilton Littlechild, Andy Richardson and Paddy Torsney.Copyright Inter-Parliamentary Union (2014)All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or byany means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the Inter-ParliamentaryUnion.This publication is distributed on condition that it be neither lent nor otherwise distributed, including by commercial means, withoutthe prior permission of the publishers, in any form other than the original and on condition that the next publisher meets the samerequirements.Applications for the right to reproduce or translate this work or parts thereof are welcomed and should be sent to the Inter-Parliamentary Union. Member Parliaments and their parliamentary institutions may reproduce or translate this work without permission,but are requested to inform the Inter-Parliamentary Union.ISBN 078-92-9142-615-7 (IPU)Inter-Parliamentary UnionChemin du Pommier 5CH - 1218 Le Grand-Saconnex/GenevaTel.: 4122 919 41 50Fax: 4122 919 41 60E-mail: postbox@ipu.orgWebsite: www.ipu.orgOffice of the Permanent Observer of theInter-Parliamentary Union to the United Nations336 East 45th Street, Tenth FloorNew York, NY 10017USATel: 1 212 557 58 80Fax: 1 212 557 39 54E-mail: ny-office@ipu.orgOriginal version: EnglishDesign and layout: Ludovica CavallariCover photo: Tuareg tribe celebrating traditional culture, folklore and heritage. Political representation is critical to safeguarding therights and traditions of indigenous peoples. Reuters/E. Al-Fetori, 20132

ContentsIntroduction4Part 1: The representation of indigenous peoples in parliament5Without legal recognition, the number of indigenous parliamentarians is difficult to establish5Several parliaments can claim proportional representation of indigenous peoples6Few parliaments have adopted special measures to ensure a minimum levelof representation for indigenous peoples7The electoral system may be a factor in the number of indigenous peopleswho gain access to parliament7Indigenous women remain underrepresented in parliament7The way in which indigenous parliamentarians gain access to officeinfluences their mandate as representatives of indigenous peoples8Proportional representation of indigenous peoples in parliament may not besufficient to make representation meaningful8Dedicated parliamentary bodies can strengthen the representation of indigenous interests9The existence of internal decision-making structures is likely to affectparticipation in external decision-making structures9Part 2: Parliamentary action for the implementation of indigenous rights10The principle of free, prior and informed consent is not consistently appliedor understood in actual practice10Conclusion11Recommendations11Appendix I: Questionnaire12Appendix II: Data overview13Appendix III: Parliaments included in study15End notes163

IntroductionThe United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) highlights the importance of ensuring effectiveparticipation by indigenous peoples in decision-making at all levels. Notably, Article 5 of the UNDRIP differentiates betweenindigenous peoples’ right to internal decision-making (developing and maintaining their own institutions of self-governance) and theirright to external decision-making (participating fully in the political, economic, social and cultural life of their respective States). Thesignificance of indigenous peoples’ involvement in external decision-making is underscored by the 2014 IPU Declaration of SantaCruz de la Sierra, which affirms that meaningful participation of indigenous peoples at all levels of government and parliament isnecessary in order to ensure public policies that are sensitive to their situation, needs and aspirations, and that are accompanied bysufficient resources.This report examines the extent to which indigenous peoples are participating meaningfully in external decision-making processesthrough parliamentary structures. It is based on a survey of countries known to have indigenous populations (26 of 77 parliamentsparticipated), as well as on secondary data for another 10 parliaments.1 Because of the relatively limited data available, the reportseeks not to quantify, but to provide a deeper understanding of indigenous peoples’ participation in parliaments. It analyzes the dataagainst other research findings about their political participation as well as external variables, such as the kind of electoral system inplace in each country.All in all, the report corroborates the well-established view that the number of indigenous representatives in parliaments is animportant symbolic indicator for the representative nature of parliaments, and that the unique interests and possible contributions ofindigenous peoples need to be better recognized through the political process. The report also identifies parliamentary bodies thatcan enable indigenous representatives to shape the legislative agenda and influence decision-making more effectively. This reportconsists of two parts: Part 1 deals with the representation of indigenous peoples by indigenous parliamentarians; Part 2 provides aglimpse of how parliaments are implementing the UNDRIP and the principle of free, prior and informed consent.4

Part 1: The representation of indigenouspeoples in parliamentParliamentary representation of indigenous peoples, a traditionally underrepresented and historically marginalized group, can helpensure that their rights are protected, and their unique interests are heard and translated into relevant policies, while at the sametime preventing conflict. Indigenous representation in parliament can also benefit society at large, because indigenous practices andknowledge can provide solutions to complex environmental, developmental and governance problems that all societies face today.Without legal recognition, the number of indigenous parliamentarians is difficult to establishThe representation of indigenous peoples in parliament is first and foremost a reflection and symbol of the State’s recognition of theunique interests, needs and rights of indigenous peoples. Such representation presupposes the recognition of indigenous peoplesas a distinct identity and legal category in each country. Indigenous peoples are all too often lumped together with minoritiesor other vulnerable sectors of society. Their rights, however, unlike those of any other group, are rooted in the principle of selfdetermination, entailing the right to self-government in internal and local affairs, and to the ways and means needed to finance theirautonomous functions (UNDRIP, Article 4).Based on both primary and secondary sources, the survey identified a mere 24 parliaments(31% of the 77 surveyed) with representatives self-identifying as indigenous2. Nine of theparliaments for which data are available (12% of those surveyed) have no representatives selfidentifying as indigenous. No data are available for 44 of the parliaments surveyed (57%).This data set, however, does not accurately reflect the representation of self-identifiedindigenous peoples not recognized as such by many States, particularly in the African andAsian regions. Of the parliaments that responded to the survey, six (France, India, Kenya,Namibia, South Africa and Zambia) stated that the concept of indigenous peoples doesnot exist in the national context. Where the concept of indigenous peoples is not legallyrecognized, representatives of indigenous backgrounds may still serve in parliament but wouldnot be identified as such.3In a number of parliaments there are representatives of groups fitting the definition ofindigenous that are commonly accepted but not legally recognized by the States.4 Japan’sOkinawan people, for example, are represented in parliament but not recognized asindigenous. Algeria’s Front of Socialist Forces is a Berber-based political party holding 21seats in parliament and advocating, among other things, official recognition of the Berberlanguage. On the flipside, some of the data collected through the survey (shown inAppendix II) may reflect State policies that lump groups not identified as indigenous byinternational bodies together with groups that are so identified. This is the case, for example,in Myanmar, whose concept of “indigenous” is broader than the one used by internationalorganizations. Other countries, such as China, include indigenous groups within the largercategory of ethnic minorities.5Chart 1Breakdown of parliamentsreporting indigenous members31%57%12%No response/no informationYesNoAs reported to the IPU, the Government of India treats the country’s entire populationat the time of Independence, and their successors, as being indigenous. The term“indigenous people” is therefore not applicable to the Indian context. However,recognizing that certain tribes have lagged behind – due to their unique cultures,distinctive customs and lack of contact with the community at large, as well asgeographical isolation, particularly in terms of educational and economic development –the Indian Constitution provided for “scheduling”, i.e. the listing of such tribes, withspecific social, economic and political provisions to ensure their all-round development. Tothat end, 47 seats in parliament are reserved for representatives of scheduled tribes.5

Several parliaments can claim proportional representation of indigenous peoplesParliaments, as the most representative decision-making bodies,should normally aim to mirror the diversity of the society outside.This involves trying to ensure that all groups are representedin parliament, and that each group is represented more or lessproportionally to its share of the general population. A lack ofsuch proportionality for groups with specific political interestsmay indicate barriers to political participation that prevent suchgroups from voting and running for office. Proportionality istherefore generally considered a reflection of the strength of ademocratic system.The survey identified 979 indigenous parliamentariansconcentrated in 24 parliaments (or 29 parliamentary chambersif counted separately in the bicameral parliaments).6 In theparliaments for which data are available, either through thesurvey or through secondary data sources, the representation ofindigenous peoples through indigenous representatives is closeto par.7 When the percentage of indigenous representatives inthese parliaments is compared to the percentage of indigenouspeoples in the countries as a whole, representation ofindigenous peoples stands at 81 per cent.8 Indigenous peoplesare proportionally represented or overrepresented in a numberof parliaments, namely, Burundi, Canada (Senate only), China(reflecting all ethnic minorities), Denmark, Guyana, India (Houseof the People only), Myanmar, New Zealand, Peru, Rwanda(Senate only), Suriname and Vietnam.Among the parliaments for which data are available, indigenouspeoples are proportionally underrepresented in 12 parliaments(13 parliamentary chambers) and not at all represented in nineparliaments (12 parliamentary chambers). A few countries withfairly large indigenous populations, such as Bolivia, Guatemala,and Mexico, stand out with a proportionally low number ofindigenous Members of Parliament (MPs). Underrepresentationis likely due to a combination of actual barriers to participationand an overall sense of alienation from mainstream electoralprocesses. Barriers to participation include, but are not limitedto, undue conditions for voter registration, access to the votingbooth in rural areas, the political parties’ unwillingness to findindigenous candidates or place them high on their party lists,and a lack of adequate political party funding.9Traditional and historical discrimination against indigenouscandidates, the limited impact that indigenous representativeshave had on indigenous peoples’ lives, and a general lackof confidence in national decision-making bodies, whereexperience may be at odds with existing indigenous decisionmaking institutions, may explain the relative apathy ofindigenous voters and the low representation of indigenouspeoples in parliament.10Chart 2Ratio of indigenous peoples (IP) and indigenous MPs bycountryAustralia (House of Representatives)Australia (Senate)BangladeshBhutanBolivia (Chamber of deputies)Burundi (Senate)Burundi (National Assembly)Canada (House of Commons)Canada (Senate)ChileChinaColombia (Senate)DenmarkEcuadorFinlandFranceGabon (National Assembly)Gabon (Senate)GuatemalaGuyanaIndia (House of the People)Japan (House of Representatives)Japan (House of Councillors)KenyaMexico (Chamber of Deputies)Mexico (Senate)Myanmar (House of Representatives)Myanmar (House of Nationalities)NamibiaNepalNew ZealandNorwayPeruRwanda (Senate)Rwanda (Chamber of deputies)SurinameThailandUkraineUnited StatesVenezuelaVietnam01020304050607080IP representation in population (%)IP representation in parliament (%)6

Few parliaments have adopted special measures to ensure a minimum level of representation for indigenous peoplesAmong the parliaments that responded to the survey or forwhich secondary data are available, a mere nine have measuresin place to facilitate access for indigenous peoples: eightthrough reserved seats, two through voluntary quotas forpolitical parties; three through appointments of indigenousrepresentatives; and one through the adjustment of electoraldistrict boundaries to ensure that indigenous peoples can electtheir own representatives.Many countries that legally recognize indigenous peoples aretaking proactive measures to remove the barriers indigenouspeoples face when running for office or participating inelections. Such measures include support for the politicalorganization of indigenous groups, as well as national andinternational efforts to build capacity among indigenouspeoples. Greater participation in electoral politics at the nationallevel may also be a function of the extent to which indigenouspeoples are politically active at the subnational or local level.Chart 3Breakdown of special measures to facilitate entry intoparliament (number of parliaments)8Reserved seats2Voluntary quota3AppointmentsExemptions toelectoral thresold0Demarcation ofconstituency boundaries1The electoral system may be a factor in the number of indigenous peoples who gain access to parliamentA comparison between the number of indigenous MPs and the electoral system in place in each country suggests that proportionalrepresentation and mixed electoral systems are the most likely to facilitate access to parliament.11 Of the 20 countries that haveadopted elements of proportional representation, 85 per cent have indigenous representatives in parliament. By contrast, of the 12countries that have adopted single-member-district voting systems (plurality and simple or absolute majority systems) only 58 percent have indigenous representatives in parliament. A more complete data set would be necessary to arrive at a more definitiveconclusion on the relationship between electoral systems, special measures and indigenous representation.The case of New Zealand provides a best-case example in which a set of different measures led to indigenous representationthat surpasses indigenous representation in society. As reported by New Zealand’s parliament, the number of Māori electoraldistricts increased from four in 1996 to seven since 2002. That number is based on the Māori electoral population, includingpersons who have registered to vote in Māori electoral districts, plus the estimated number of persons of Māori descentwho have not registered or who are under 18. Another 15 representatives of Māori descent have gained seats aided bythe Mixed Member Proportional electoral system adopted in 1993, which allows for a number of strategies to elect Māorirepresentatives to parliament.The overrepresentation of the Māori in parliament has led to debate on whether Māori electoral districts have becomeirrelevant. The Māori position is that the reserved seats are a symbol of the State’s acknowledgement of the Māori people’sright to self-government. At the same time, political parties’ willingness to place Māori members high on their party lists isan indication of the integrated nature of New Zealand’s society at large. Only three out of the 22 Māori representatives aremembers of the self-styled Māori Party, while the other 19 are members of mainstream political parties.Indigenous women remain underrepresented in parliamentChart 4Even where indigenous peoples are represented in parliament, indigenous women remainsignificantly underrepresented. Out of the 923 MPs for which gender-disaggregated data areavailable, 742 (80 per cent) are men and only 181 (20 per cent) are women. Vietnam is the onlyparliament where indigenous women and men are represented in equal numbers (39 seats foreach group).Women-to-men ratio ofindigenous MPsThis picture closely resembles the larger picture of gender inequality in parliaments generally.According to IPU data, women hold only 21.9 per cent of parliamentary seats worldwide.12Indigenous women, however, face a “triple challenge”: being women, poor and indigenous.Achieving gender parity among indigenous parliamentarians will require a stronger set of political,social and economic measures.20%80%WomenMen7

The way in which indigenous parliamentarians gain access to office influences theirmandate as representatives of indigenous peoplesParliamentary representatives of indigenous descent do not necessarily represent the concerns ofindigenous constituents. Some responses to the survey indicate that the ways in which indigenousrepresentatives gain access to their parliamentary seat have an impact on their mandate.Two indigenous MPs from Greenland, a self-ruling political entity within the DanishKingdom, are elected to the Danish Parliament. As the Danish Parliament emphasizes,however, these two MPs are elected as representatives of Greenland, not of Greenland’sindigenous inhabitants. In other words, they are not necessarily MPs because of theirindigenous roots.On one end of the spectrum are representatives of indigenous political parties, who have wontheir seats through direct elections and have a strong mandate to represent the interests ofindigenous peoples. If an electoral district is largely indigenous, as a result of natural concentrationor boundary demarcation as in the case of New Zealand (see page 7), its representative is likelyto represent indigenous interests. If the district is heterogeneous, the representative’s mandatewill be broader, and competing interests will have to be reconciled. In closed-list proportionalrepresentation systems, where party leaders control the ranking of party lists, and thus anindividual member’s chances of winning, indigenous representatives may be given incentives totoe the party line on issues at odds with indigenous interests. This can be a deterrent to runningfor office or on voting in parliament on issues that promote rights of indigenous peoples.On the other end of the spectrum are reserved seats and executive appointments aimed atensuring the representation of indigenous peoples. The likely impact of reserved seats dependson whether indigenous populations can actually influence the choice of representatives – throughthe creation of indigenous electoral districts, for instance – or whether the choice is made bynon-indigenous decision-makers in leadership positions, as in the case of executive appointments.In the latter case, where indigenous representatives feel a stronger affinity with or

Beyond numbers: the participation of indigenous peoples in parliament Survey report. 2 . who gain access to parliament 7 Indigenous women remain underrepresented in parliament 7 . in parliament, and that each group is represented more or less

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