contact@nglegal.in
011-61381604
0

No products in the cart.

Call Us
0

No products in the cart.

Every child ought to be given an opportunity to grow up in a safe environment and have access to basic human rights including the right to self-determination, health, and education. However, millions of children globally are being left behind because of who they are or where they were born. These children are identified as ‘Indigenous’. An estimated 370 million Indigenous people live in 90 different countries.  These people, particularly children, have often been denied access to their traditions, spirituality, medicines, lands, and languages in many of these nations. Systematic poverty and misery are the direct results of such denial. Only 5% of the world’s population are indigenous people, yet they represent 15% of the world’s poorest people. Indigenous children are therefore vulnerable, left out, and disadvantaged on a worldwide scale. Since India has ratified the Convention on the Rights of the Child, it is under a legal obligation to undertake special measures so that indigenous children can enjoy their rights, recognised under the treaty, fully. This paper attempts to identify in the beginning what indigeneity is in an Indian context as well as the rights available to indigenous children under international as well as municipal law. Later, it argues that their rights irrespective of being recognised by the Constitution as well as different statutes are often marginalized and denied.

I. Introduction

Children are neither the property of their parents nor the hapless recipients of charitable donations. They are human beings with rights because of their very existence. The rights that children must have in order to reach their full potential are outlined in the United Nations Convention on the Rights of the Child (for short ‘CRC’). The Convention[1] offers a vision of the child as an individual and as a member of a family and community, with rights and responsibilities appropriate to his or her age and stage of development. The Convention firmly places the emphasis on the whole ‘child’ by recognising the rights of children in this manner. The Convention acknowledges that it is vital to protect children’s welfare and development as well as their inherent human dignity.[2] It makes it clear that all children should have the right to a minimum standard of living rather than having that as a privilege enjoyed by a select few.

When we look at the origin of such recognition, we come across ‘The Declaration of the Rights of the Child,’ authored by Eglantyne Jebb in 1923 and accepted by the League of Nations in 1924, as the first successful effort to advance the rights of children.[3] The United Nations General Assembly approved a significantly extended version of the Declaration of the Rights of the Child, with 10 principles in place of the original five, as its own on November 20, 1959.[4]

The United Nations Convention on the Rights of the Child, which outlines the needs and rights particular to children, is the first legally binding international document to include the complete range of human rights.[5] These human rights contain elements of humanitarian law as well as civil, cultural, economic, political, and social rights. Although the Convention on the Rights of the Child is the first fundamental human rights instrument to specifically mention indigenous children in a number of clauses, particularly, articles 17, 29, and 30, all of the rights outlined in the Convention are applicable to all children, whether they are indigenous or not.[6]

With a deep grasp of their indigenous identity, cultural history, sustainable living, and connection to their lands and territories, indigenous children, particularly, have a lot to offer the world. They are capable individuals who can make a positive difference. However, Indigenous children continue to be one of the most marginalised groups in our society, despite a rise in international awareness of the rights of indigenous people.[7] The intergenerational repercussions of colonialism and assimilation efforts, as well as ongoing fights to uphold their rights and preserve their identity as indigenous peoples, provide many indigenous children with enormous obstacles.[8] These children frequently have to make the difficult decision of leaving their communities to pursue their education and careers in far-off cities. They are much more in danger of experiencing both physical and mental abuse since they are distant from home. At the same time, they experience much higher rates of suicide and self-harm compared to other children. Apart from the above issues, they also face many further challenges, including a lack of culturally appropriate education in their languages, unemployment, discrimination, forced relocation, loss of land, lack of healthcare services, malnutrition, etc. This is a worldwide story spanning across developed as well as developing nations.

When it comes to India, it is a signatory to the United Nations Declaration on the Rights of Indigenous People. It does not, however, acknowledge these indigenous people as such in its internal affairs. India still uses the colonial term ‘tribe’ to identify and categorise these people inside the nation, though this nomenclature is now generally rejected around the world. This necessitates an understanding of what ‘indigeneity’ means in an Indian context, which we must now turn to.

[1] United Nations Convention on the Rights of the Child, available at: https://www.ohchr.org/sites/default/files/crc.

pdf (Last visited on April 30, 2023).

[2] United Nations Convention on the Rights of the Child, preamble; Supra note 1.

[3] Geneva Declaration of the Rights of the Child, 1924, available at: http://www.un-documents.net/gdrc1924.htm (Last visited on April 30, 2023).

[4] Supra note 2.

[5] Ibid.

[6] United Nations Convention on the Rights of the Child, art. 1.

[7] S. Woolley, The rights of Indigenous children around the world – still far from a reality, Vol. 94, Issue 5, 397-400 (Archives of Disease in Childhood, 2009).

[8] Ibid.

II. Indigeneity in India

‘Indigeneity’ is a socially-created and much contested term used by Indigenous peoples to advocate for their rights over land and right to self-determination. The historical injustice that the original inhabitants of many nations have faced is described through indigeneity.[9] Due to the difficulty in identifying potential Indigenous people in India, the concept of indigenous identity has been rejected by the Indian State.[10] Given the history of migration in India, connecting one’s identity to the land or soil can be challenging.[11] According to the Indian government, all Indians are ‘Indigenous.’[12] Although India has ratified the United Nations Declaration on the Rights of Indigenous People, some have argued that postcolonial nation-states are being forced to adopt the Western idea of ‘indigeneity.’[13] India’s history is riddled with invasions, but its colonial experience was distinct from Western settler-colonialism, which included the coloniser driving an Indigenous society out.[14]

In an effort to promote coherence and unity within India’s heterogeneous polity, some claim that the Indian state’s position that all Indians are Indigenous was adopted.[15] However, one could also argue that this stance was taken because identifying Indigenous communities may make it difficult for states to assert their control over forests and natural resources because such communities may be able to use the force of international law to do so.

‘Tribals’ or ‘Adivasis’ are the terminology used in the Indian context to denote tribes that live in the forests. The word ‘Adivasi’ is used by people living in forests to identify themselves as the indigenous inhabitants of India. Adivasi literally means “the original inhabitant.” The word does not apply to all forest dwellers, a diverse population that includes Dalits, pastoralists, and people from lower castes, among others. According to the Indian Constitution, several Adivasi communities are legally classified as Scheduled Tribes (for short ‘STs’).[16] The identification of STs as such is supported by data from a wide range of markers that show “backwardness.”[17] A community’s eligibility to be an ST is determined by the National Commission of Scheduled Tribes using factors including economic and social backwardness, shyness, and geographic isolation.[18]

Due to their geographic remoteness and ‘primitive’ lifestyle, certain communities that have previously been designated as STs are viewed by the State as being especially susceptible and have been designated as exceptionally vulnerable tribal groups. The term “tribal” conjures up images of ‘primitive’ or ‘backward,’ and with it the assumption that these societies are symbiotic with nature.[19] Indigenous communities or Indigenous people, particularly children, are viewed as deserving of special attention for the violation of their human rights brought on by many factors since they are classified as a vulnerable category under international law.

Over 104 million individuals as per the 2011 census have been counted as belonging to tribes and groups referred to as indigenous people. They account for 8.6% of the nation’s overall population. Although they are scattered all across the country, their distribution is not uniform. The Eastern, Central, and Western India belt is home to the majority of the indigenous peoples and tribes — about 83%. The population of indigenous people in North-Eastern India is around 12%, in Southern India is about 4%, and in Northern India is less than 1%. In terms of physical characteristics, language, population size, means of subsistence, degree of contact and interaction with the wider Indian culture, social distinction, etc., the indigenous people/tribes are incredibly diverse among one another. A list of 705 groups has been designated as scheduled tribes as per the 2011 census conducted by the Government of India.[20]

Around the world, in rural and urban areas alike, when we look at indigenous children who are the subject of our research, primarily, they frequently constitute one of the most disadvantaged groups. Their rights – including those of survival and development, the highest standards of health, education that respects their cultural identity, and protection from abuse, violence, and exploitation – are often compromised. At the same time, however, indigenous children possess very special resources: they are the custodians of a multitude of cultures, languages, beliefs, and knowledge systems, each of which is a precious element of our collective heritage. The most effective initiatives to promote the rights of indigenous children are built upon these very elements. Such initiatives recognise the inherent strength of indigenous communities, families, and children, respect their dignity and give them a full voice in all matters that affect them. This has been duly acknowledged by several international human rights instruments as well as certain municipal laws.

[1] Bengt G. Karlsson & T.B. Subba, Introduction to INDIGENEITY IN INDIA 1-19 (Bengt G. Karlsson & T.B. Subba, eds., 2006).

[2] Ibid.

[3] Ibid.

[4] Virginius Xaxa, Tribes as Indigenous People of India, 34 ECON. & POL. WKLY. 3589, 3590-91 (1999).

[5] Ibid.

[6] Ibid.

[7] Andre Beteille, What Should We Mean by “Indigenous People”, in INDIGENEITY IN INDIA, Supra note 9 at 19.

[8] The Constitution of India, art. 342.

[9] Supra note 12 at 3589.

[10] Niraja Gopal Jayal, Citizenship and Its Discontents: An Indian History 240 (2013).

[11] Ibid at 234-240.

[12] Scheduled tribes are counted state-wise in the census. Tribes spread over many states hence discover multiple entries. The number of scheduled tribes is inflated as a result. There are 461 indigenous people or scheduled tribes in India, according to the Anthropological Survey of India, which was conducted as part of the People of India Project in the 1980s.

III. Understanding the Rights of Indigenous Children

Economic and social justice, and participation in traditional customs, values, and practices, are rights to which all indigenous children are entitled. The rights of indigenous children are recognized, implicitly and explicitly, in the Universal Declaration on Human Rights (for short ‘UDHR’), the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the World Declaration and Plan of Action for the Survival, Protection and Development of Children, the Declaration of the World Summit for Children and the UN Declaration on the Rights of Indigenous Peoples.[1] These rights include the right to education, employment, health, housing, and freedom of expression as well as the protection of social and cultural rights, such as learning and speaking traditional languages. For example, Article 30 of the Convention on the Rights of the Child explicitly recognizes the right of indigenous children to enjoy their traditional culture, practice their own religion and use their traditional language. Chapter 25 of Agenda 21, adopted at the 1992 Earth Summit, calls upon governments to ensure that indigenous children have access to natural resources, housing, and a healthy environment.[2]

The CRC is the first binding instrument in international law to deal comprehensively with the rights of children. In fact, this convention is the first fundamental human rights instrument to specifically mention indigenous children in a number of articles, particularly, articles 17, 29, and 30.  The implementation of the CRC is monitored by the Committee on the Rights of the Child, which assesses the progress made by States Parties in fulfilling their obligations. In the context of its mandate, the Committee makes suggestions and recommendations to governments and the UN General Assembly on ways to meet the Convention’s objectives. The Committee also holds days of general discussion on specific issues it considers to be of particular importance. In 2003, the day of general discussion was devoted to the rights of indigenous children. Eventually, the Committee on the Rights of the Child, in its fiftieth session, adopted General Comment No. 11 on ‘Indigenous children and their rights under the convention’ in 2009.  It started by mentioning the fact that CRC is the first core human rights treaty to include specific references to indigenous children in a number of provisions, particularly, articles 17, 29, and 30. The specific references to indigenous children in the Convention are indicative of the recognition that they require special measures in order to fully enjoy their rights. Indigenous children continue to experience serious discrimination contrary to Article 2 of the Convention in a range of areas, including their access to health care and education, which has prompted the need to adopt the general comment no. 11.

When we read the convention closely, we find that the presence of indigenous people is established by self-identification as the fundamental criterion for determining their existence. There is no requirement for state parties to officially recognize indigenous people in order for them to exercise their rights. Article 30 specifically addresses their reality. It says that “In those States in which ethnic, religious or linguistic minorities or persons of indigenous origins exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practice his or her own religion, or to use his or her own language.” The very existence of such an article indicates a concern regarding the need for special safeguards to ensure the enjoyment of indigenous culture, religion, and language. It also highlights the importance of the indigenous child enjoying these elements “in community with other members of his or her group”. In adopting this approach, the Convention acknowledges that certain activities draw their significance from the fact that they are pursued in a group that shares the same values. Thus, while this provision addresses the individual rights of the indigenous child, it further recognizes the collective dimension of culture, religion, and language. Article 30 does not make explicit the important relationship between indigenous culture and the natural environment. Nonetheless, in indigenous communities the enjoyment of culture and the profession of religion are so closely linked to sacred sites and the natural environment that preserving this environment and ensuring access to land may be interpreted as a necessary prerequisite for the realisation of the child’s right to “enjoy his or her own culture, to profess and practice his or her own religion.” However, it is to be noted here that the cultural practices provided and protected by article 30 of the Convention must be exercised in accordance with other provisions of the Convention and under no circumstances may be justified if deemed prejudicial to the child’s dignity, health and development. If harmful practices are present, such as early marriages and female genital mutilation, it is an obligation of the state parties to work together with indigenous communities to ensure their eradication. It is expected of them to develop and implement awareness-raising campaigns, education programmes, and legislation aimed at changing attitudes and addressing gender roles and stereotypes that contribute to harmful practices.

The elements of Article 30 are also reflected in other Articles of the Convention. Notably, article 2 asserts the general principle of non-discrimination “irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.” The other general principles of the Convention are equally relevant, namely: the best interests of the child as a primary consideration in all actions concerning children (Article 3); the inherent right to life, and the obligation of States Parties to ensure, to the maximum extent possible, the survival and development of the child (Article 6); and the right of a child who is capable of forming his or her own views to express these views freely in all matters affecting that child (Article 12). In addition, other articles in the CRC contain specific references to indigenous children and reflect the importance of protecting and promoting cultural diversity. Article 17 on the right to information emphasises the importance of support for linguistic diversity. It recognizes the critical function performed by the mass media and requires States Parties to ensure that the child has access to information and material from a diversity of national and international sources, and to “encourage the mass media to have particular regard to the linguistic needs of the child … who is indigenous”. Article 29 emphasises the potential of education to provide a foundation for a harmonious multicultural society in which every child’s cultural identity is respected. It says that “States Parties agree that the education of the child shall be directed to … the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin”. Moreover, Article 29 states that a child’s education should be directed to “the development of respect for the child’s … own cultural identity, language, and values” as well as to the “development of respect for the natural environment.” Article 5 of the CRC is also particularly significant for indigenous children. Informed by the cultural and social environment of indigenous communities, this provision recognizes “the responsibilities, rights and duties” of the members of the extended family or community to provide “appropriate direction and guidance” in the exercise by the child of his or her rights, where this is “provided for by local custom”. Again, while this article refers to the rights of the individual child, it clearly acknowledges the important role played by the group into which the child was born in protecting and promoting these rights. As noted, all provisions of the CRC apply to indigenous children, and the specific significance of many of these is discussed in the section that follows.

Other international instruments and agreements relevant to the rights of indigenous children are as follows:

(a) International Convention on the Elimination of All Forms of Racial Discrimination, 1965:[3] Article 2 calls upon States Parties to take (in social, economic, cultural, and other fields) measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them and thus ensure the full and equal enjoyment of their human rights. Article 5 calls upon State Parties to guarantee to everyone, without distinction, their civil rights and their economic, social, and cultural rights.

(b) International Covenant on Civil and Political Rights, 1966:[4] This treaty contains, among others, articles on the right to protection from discrimination as well as the right to self-determination for all peoples. These include the right to determine one’s political status and economic, social, and cultural development, and the right of persons belonging to ethnic, religious, or linguistic minorities to enjoy their own culture, profess and practice their own religion, and use their own language. (The Human Rights Committee has emphasised that indigenous peoples are covered by this article, even though they may not be a ‘minority’ population.)

(c) International Covenant on Economic, Social and Cultural Rights, 1966:[5] This treaty includes articles on the rights of children to protection and assistance without discrimination, the right to education that promotes understanding, tolerance, and friendship among all racial, ethnic, or religious groups, and the right to take part in cultural life, together with the responsibility of States Parties to conserve, develop and diffuse culture.

(d) Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, 1981:[6] As regards children, the right of parents or legal guardians to organise family life in accordance with their religion or belief; the right to have access to education in the matter of religion or belief in accordance with the wishes of the child’s parents; and the right of the child to be protected from any form of discrimination on the basis of religion or belief.

(e) Declaration on the Right to Development, 1986:[7] In particular, Article 5 calls upon States to eliminate violations of the human rights of people affected by situations such as those resulting from apartheid, all forms of racism and racial discrimination, colonialism, and refusal to recognize the fundamental right of peoples to self-determination.

(f) Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, 1992:[8] It includes articles relating to State protection of ethnic, cultural, religious and linguistic identities; the right of minorities to enjoy their own culture, religion, and language; and the requirement that national policies and programmes have due regard for the interests of persons belonging to minorities.

(g) Agenda 21, 1992 adopted at the United Nations Conference on Environment and Development (Earth Summit):[9] Chapter 26 calls upon governments to ensure that indigenous youth have access to natural resources, housing, and a healthy environment.

(h) Vienna Declaration on Human Rights and Programme of Action, 1993 adopted at the World Conference on Human Rights:[10] Part 1, Paragraph 20 acknowledges the unique contribution of indigenous people to the development and plurality of society. It calls upon States to ensure the full and free participation of indigenous people in all aspects of society. States should also take positive steps to ensure respect for all human rights and fundamental freedoms of indigenous people, on the basis of equality and non-discrimination, and recognize the value and diversity of their distinct identities, cultures, and social organization.

(i) A World Fit for Children, 2002 outcome document from the UN General Assembly Special Session on Children:[11] Paragraph 20 asserts that appropriate measures should be taken to end discrimination, provide special support and ensure equal access to services for indigenous children. Paragraph 40(5) states that governments will ensure that indigenous children have access to quality education on the same basis as other children and that this education should be provided in a manner that respects their heritage. Educational opportunities should also enable indigenous children to develop an understanding of and sustain their cultural identity including language and values.

One of the most significant of these is the International Labour Organization (ILO) Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries.[12] This was adopted in 1989 and ratified by 17 countries (none, however, from Africa or Asia), and is to date the only legally binding instrument of international law to deal exclusively with the rights of indigenous peoples. The Convention builds upon the Indigenous and Tribal Populations Convention (No. 107), adopted in 1957, which was the first attempt to codify indigenous peoples’ rights in international law. Convention No. 107 covered a range of issues such as land rights, working conditions, health, and education. Convention No. 169 promotes respect for the cultures, ways of life, traditions, and customary laws of the indigenous and tribal peoples who are covered by it. It recognizes their existence as elements of their national societies with their own identity, structures, and traditions. It acknowledges that these peoples have the right to take part in the decision-making process as it affects them and that their contribution will be a valuable one in the country in which they live. Significantly, this Convention specifically acknowledges the importance of land for indigenous peoples and recognizes their right to participate in the use, management, and conservation of natural resources. The Convention has two explicit provisions for children. Both of these deal with education and language as key elements in the development of a multicultural society. Article 28 states that indigenous children shall, wherever practicable, be taught to read and write in their own language or in the language most commonly used by the group to which they belong. It goes on to require that “adequate measures” be taken to ensure that indigenous peoples also have the opportunity to attain fluency in the national language or in one of the official languages of the country, while at the same time preserving and promoting the development and practice of their own language. Article 29 also relates to the potential of education to promote multiculturalism: “The imparting of general knowledge and skills that will help children belonging to the people concerned to participate fully and on an equal footing in their own community and in the national community shall be an aim of education for these peoples.” Various other ILO instruments are relevant to indigenous and tribal peoples, including the Forced Labour Convention, 1930 (No. 29); the Discrimination (Employment and Occupation) Convention, 1958 (No. 111); the Minimum Age Convention, 1973 (No. 138); the Worst Forms of Child Labour Convention, 1999 (No. 182); and the Declaration on Fundamental Principles and Rights at Work, 1998.

When we look at India, there is no distinction created between indigenous children or people, nor any specific provision is there for conferring them rights as a separate group. ‘Scheduled Tribes’ or ‘Indigenous people’ are acknowledged as one whole. Post-independent India conferred the right of citizenship on its people. Indigenous people/tribes as citizens of free India are extended the same civil, political, and social rights as those given to others. Besides these, India has also extended certain special rights to tribes as members of a distinct community. Such rights among other things include provisions for statutory recognition;[13] proportionate representation in parliament and state legislatures;[14] restriction on the right of the ordinary non-tribal citizen to move freely or settle in tribal areas or acquire property there;[15] conservation of one’s language, dialects, and culture,[16] etc. The Constitution also has a clause that enables the State to make provisions for reservation in general[17] and in particular, in jobs and appointments in favour of tribal communities.[18] There is also the Directive Principle of the Constitution that requires that the educational and economic interest of the weaker section of society, including tribes, is specially promoted.[19] Over and above these, there are provisions in the form of the 5th or 6th Schedule of the Constitution. Articles 244 and 244(a) empower the state to bring the area inhabited by the indigenous/tribal people under special treatment of administration.

Thus, indigenous/tribal populations scattered in various regions of India are variously placed in respect of the politico-administrative structure existing in the country. Where they are numerically small, they are part of the general administrative structure of the country but enjoy privileges and benefits provided in the Constitution. However, where they are numerically dominant, two distinct administrative arrangements have been provided for them in the constitution in the form of the 5th and 6th Schedules referred to earlier in the discussion.

The 6th Schedule of the Constitution provides for institutions of the autonomous district and regional councils. The objective is to ensure the grant of autonomy and self-management rights to tribes. The councils are empowered with legislative, executive, and judicial powers on matters delineated in the provisions of the 6th Schedule. The 6th Schedule provisions were initially provided for the hill/tribes inhabited districts in the erstwhile state of Assam in the north-eastern region. The tribes living in the plains did not have such provisions. Such provisions also did not exist in other states of the region. The extension of such provisions in areas where they were not initially has been a part of the mobilization and movement of the people.[20]

Similarly, there are states where there is a provision of the 5th Schedule. Districts having over 50 percent of the tribal population have generally been described as scheduled districts. Blocks as a whole or clusters of villages in a block have also been identified as scheduled areas.[21] The 5th Schedule contains provisions relating to the administration of scheduled areas other than in Northeast India. The provisions under the schedule are meant to provide protection to indigenous/tribal people in the form of the role of the Governor and Tribe Advisory Council. The Governor of the state having scheduled areas has the power to declare a law enacted by the Parliament or State Legislative Assembly as not applicable or applicable with modification keeping in view the interest and welfare of the scheduled tribes. He is also mandated to submit an annual report to the President in respect of the administration of the scheduled areas. The 5th Schedule has also a provision for the Tribes Advisory Council which is supposed to advise the Governor on issues relating to the welfare and administration of the tribes in scheduled areas. The 5th Scheduled Areas have given legal and administrative reinforcement in the form of the Provisions of Panchayat (Extension to Scheduled Areas) Act since 1996.

The provisions in the Constitution thus range from special privileges in the form of reservation in state employment and state educational institutions, special schemes for their economic and social development, to representation in the parliament and state legislature in proportion to the size of the population and to the creation of scheduled and tribal areas for special administration. In a nutshell, the Constitution aims at safeguarding, protecting, and promoting the interest of indigenous/tribal people.

[1] Indigenous children and youth, available at:  https://www.ohchr.org/sites/default/files/Documents/Publications/

GuideIPleaflet9en.pdf (Last visited on May 1, 2023).

[2] Ibid.

[3] International Convention on the Elimination of All Forms of Racial Discrimination, available at: https://www.ohchr.org/sites/default/files/cerd.pdf (Last visited on May 2, 2023).

[4] International Covenant on Civil and Political Rights, available at: https://www.ohchr.org/sites/default/files/ccpr.pdf (Last visited on May 2, 2023).

[5] International Covenant on Economic, Social and Cultural Rights, available at: https://www.ohchr.org/sites/default/files/cescr.pdf (Last visited on May 2, 2023).

[6] Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, available at: https://www.ohchr.org/sites/default/files/religion.pdf (Last visited on May 2, 2023).

[7] Declaration on the Right to Development, available at: https://www.ohchr.org/sites/default/files/rtd.pdf (Last visited on May 2, 2023).

[8] Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-rights-persons-belonging-national-or-ethnic (Last visited on May 2, 2023).

[9] Agenda 21, available at: https://sustainabledevelopment.un.org/content/documents/Agenda21.pdf (Last visited on May 2, 2023).

[10] Vienna Declaration on Human Rights and Programme of Action, available at: https://www.ohchr.org/sites/default/files/vienna.pdf (Last visited on May 2, 2023).

[11] A World Fit for Children, available at: https://press.un.org/en/2002/ga10022.doc.htm (Last visited on May 2, 2023).

[12] International Labour Organisation Convention (No. 169), available at: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C169 (Last visited on May 2, 2023).

[13] The Constitution of India, art. 342.

[14] The Constitution of India, arts. 330 and 332.

[15] The Constitution of India, art. 19(5).

[16] The Constitution of India, art. 29.

[17] The Constitution of India, art. 14(4).

[18] The Constitution of India, art. 16(4).

[19] The Constitution of India, art. 46.

[20] The autonomous council in the form of Tripura Tribal Areas Autonomous District Council granted to tribal communities in Tripura in 1985 and the Bodoland Territorial Autonomous Council to the Bodos living in the plains of Assam in 2003 under the 6th Schedule of the Constitution was a product of the protracted armed struggle of the respective tribal group for a sovereign state.

[21] Certain areas of nine states in the country come under the purview of the 5th Schedule. The states are Himachal Pradesh, Rajasthan, Gujarat, Maharashtra, Andhra Pradesh, Madhya Pradesh, Odisha, Chhattisgarh, and Jharkhand.

IV. Marginalisation and Exclusion

Despite such special provisions, indigenous/tribal people have gone on being uprooted from their land and territory due to the movement of people from outside into their habitat on one hand and the development and infrastructure projects of the State on the other. Despite the promise of protection and development in the constitution of post-independent India, the government has only accelerated the processes detrimental to their interests. The indigenous /tribal people remain among the poorest and most marginalized sections of Indian society today. They are disproportionately represented among the people living below the poverty line, are most illiterate, and suffer from extremely poor physical health. They often experience discrimination and this can lead to various forms of exclusion or marginalization, including cultural exclusion (whereby indigenous cultures are perceived as inferior and, in some cases, may be actively suppressed), economic exclusion (which prevents indigenous communities from benefiting from and participating in national economic development), and political marginalization (which hinders indigenous people from enjoying full citizenship, participating in decision-making processes and acquiring adequate representation at both national and local levels). Often these manifestations of exclusion are overlapping and interrelated. The following are some of the concerns regarding the ways in which the rights of indigenous peoples, and of children in particular, are compromised:

The right to life, survival, and development

The right to life, survival, and development as laid down in Article 6 of the CRC is multifaceted. It is also closely linked to other rights of the child – addressed in subsequent sections – including the rights to education and the highest attainable standard of health. Beyond the elements that contribute to every child’s survival and development, those of indigenous children are closely related to access to and use of their land and to the quality of the environment in which they live. In cases where land rights are denied – through, for example, dispossession and forced removal – economic marginalization and loss of cultural reference points can have a devastating impact on indigenous communities and children are among the first to feel the effects. Agricultural programmes (including the cultivation of illegal crops), oil exploration, forestry, logging activities, mining (including diamond mining), tourism, and construction programmes for roads, dams, and other developments, pose serious threats to indigenous peoples’ survival and development. These pressures cause displacement from traditional areas, introduce pollution into ecosystems and threaten the cultural diversity upon which indigenous communities rely.

The right to birth registration, to a name and nationality

Frequently, indigenous parents are not aware of the importance of registering their child, especially given that indigenous communities often possess their own systems of celebrating birth and acknowledging parentage. Information on the reasons for and advantages of registration – for example, to secure identity and the recognition of a person before the law, to enable access to basic social services, and to prevent human rights violations – is simply not available or, when available, is not translated into the relevant language. Single mothers may fear stigmatization when registering their child; the distance to registry offices can be excessive; or the cost of registering the birth or obtaining a birth certificate can be a serious disincentive to indigenous families living in difficult economic conditions. For every child, a name and distinct identity confirm the link to her or his family, community, and culture. In the Southern States of India, for example, some people register their children with a recognized village name as a middle name. Additional challenges can arise when indigenous peoples live in a territory that crosses national boundaries. In these cases, legal recognition of identity and citizenship status can vary considerably from one state to another.

The right to health and healthcare

Indigenous children rarely enjoy the same standard of health or have the same access to healthcare services as their non-indigenous peers. In income-rich and income-poor countries alike, infant and child mortality rates are higher among indigenous groups than national populations. In the north-eastern region, hill tribes have the highest infant mortality rates, in turn reflecting differences in income, nutrition, and access to health care.[1] Even in income-rich countries with extensive health services, there are significant inequalities between indigenous populations and wider society in terms of access to services. To take just one example, Maori and Pacific Island children are approximately 50 percent more likely than New Zealand children classified as “European or other” to be hospitalized for asthma. One of the most widely accepted explanations for this difference is that Maori and Pacific Island children enjoy only limited uptake of effective asthma prevention and self-management strategies, including preventive medication.[2] Sometimes this limited uptake reflects discriminatory practices and service structures that promote distrust among Indigenous peoples and exclude children from services that are widely available to non-indigenous populations. Uptake may also be low because these services are perceived by indigenous communities to be culturally inappropriate or insensitive as regards cultural practices and traditional methods of healing (including those involving indigenous knowledge about herbs, plants, and other natural remedies). Indigenous peoples have a holistic vision of health, one intimately bound to the well-being of the community and the environment in which the community lives. Good health has not only physical but also spiritual and communal dimensions. This perspective, and the methods and practices it entails, are very often overlooked or dismissed as superstitious when indigenous people’s medical concerns are addressed by non-indigenous health workers. This situation is reinforced when medical personnel do not speak, or when important health information is not made available in, indigenous languages. A pressing global concern for indigenous people is the spread of HIV/AIDS. While, in some cases, the relative isolation of indigenous peoples may offer some protection, in others, indigenous youth can be particularly vulnerable. This is not only because effective preventive programs or medical care may not be provided for them, but also because of the instability and social stress that results when the traditional values and structures of indigenous communities are eroded and adequate support mechanisms are not put in place. Frequently, information material on HIV/AIDS prevention is not made available in indigenous languages or fails to take account of indigenous traditions and cultural sensitivities. Due to this lack of information, and the general scarcity of health infrastructure in indigenous areas, if HIV/AIDS enters indigenous communities its spread can be particularly rapid.

The right to education

Article 28 of the CRC imposes an obligation on the States Parties to recognize the right of every child to education, including free primary education. Experience shows, however, that in most countries indigenous children have low school enrolment rates and, if they do attend school, are less likely than their non-indigenous peers to have the support to perform well. Girls are particularly vulnerable to missing out on schooling because of the multiple discrimination they face. Illiteracy is a direct result of educational exclusion – in the H’mong community of Vietnam, one of the most marginalized of the country’s indigenous groups, 83 percent of males and 97 percent of females are illiterate.[3] In addition to the general costs associated with education that keep many children from marginalized groups out of school, specific factors that impact indigenous children’s schooling include a lack of educational facilities in areas inhabited by indigenous peoples; a lack of qualified teachers (often because indigenous education is assigned a low priority and teachers’ salaries are inadequate); and, from the perspective of indigenous communities, the low relevance of the content of school lessons (particularly when teachers are not indigenous themselves and learning materials are not available in indigenous languages). In rural areas where indigenous children participate in traditional agricultural activities, difficulties can also arise in accommodating both the school and agricultural calendars. In addition, indigenous children may experience direct discrimination in schools. For example, they may not be allowed to follow their cultural practices or wear traditional costumes or hairstyles, and in some cases, they may face harassment from other children and even from staff. One of the key factors leading to the exclusion of indigenous children from school, or in hampering their scholastic progress, is that curricula and teaching methods are often culturally inappropriate, or the language of instruction is unknown to the indigenous child. Research indicates that it normally takes non-native speakers until the third grade before they can begin to truly understand what they are being taught on a relatively equal basis with their native-speaking peers.[4] The issue here is not only the practicalities of learning but also the cultural alienation that monolingual education can provoke. In this regard, the Committee on the Rights of the Child has expressed particular concern about access to education for children belonging to indigenous groups in Mexico and the low relevance of the current bilingual educational programmes available to them.[5] Beyond the impact on the child’s education, the result of monolingual education in the language of the dominant culture is to contribute to the loss of indigenous languages. Even when there is the political will to promote bilingual education, in practice there can still be significant barriers to implementing this approach, including a shortage of qualified teachers and limited resources for the development of this form of teaching. The cumulative effect of the obstacles faced by Indigenous children in their educational career tends to become more evident higher up the education system – 65.5 percent of Native people in the United States graduate from high school, compared with 75.2 percent for the US population as a whole, and only 9.3 percent of Native students graduate from college as opposed to a national average of 20.3 percent.[6]

Apart from these, the necessity to send children away from their communities to pursue their schooling is a particular disincentive to girls’ education. The quality of teaching materials and even the physical structure of school buildings can add yet another disincentive to remain in the education system. Many of the factors that discourage Indigenous children in school also contribute to a lack of qualified Indigenous teachers who potentially can bridge the gap between Indigenous cultures and the state’s education structures. Additionally, non-indigenous teachers can be reluctant to move to areas inhabited by indigenous people. All of these can be corrected by implementing the convention and its general comment no. 11 in letter and spirit.

The right to protection from abuse, violence, and exploitation

Violence against the child, child abuse, and exploitation contribute to and are evidence of, the severe social strain under which many indigenous communities live. This strain is often a direct consequence of environmental degradation, displacement, the loss of traditional livelihoods, and in some cases, active attempts by authorities to homogenize and assimilate indigenous cultures. In such conditions, the extended networks that could normally intervene in favour of the child may no longer exist or may promote the communities rather than the child’s interests. All communities are sensitive to issues such as child abuse, domestic violence, and family breakdown, but certain indigenous communities which have experienced in the past the systematic removal of their children may be particularly so. In Australia, for example, the period from 1910 to 1970 was marked by a policy to remove Aboriginal children from their parents and place them in mission schools or with families of European heritage in an attempt to eradicate their culture and language.[7] Today, while this policy no longer operates, the ongoing removal of Indigenous children from their families by social services testifies to the lack of support available to communities and families. Another symptom of social and cultural stress is the prevalence of alcohol and substance abuse among certain indigenous adults – with direct and harmful implications for their children – and among indigenous young people themselves. Solvent abuse, including petrol sniffing, is reportedly common among young Innu in Canada.[8] In 1997, two percent of all juveniles arrested in the US for public drunkenness and driving under the influence of alcohol were American Indian, close to double their representation in the general population.[9] Similarly, suicide rates among indigenous people can be significantly higher than national averages. The reasons are complex and varied, but they are often associated with the trauma of social breakdown, low self-esteem, and depression derived from lack of opportunity, cultural discrimination, inadequate social support, loss of land, or difficulty integrating into the dominant culture. Moreover, the protection under the law and access to effective legal remedies do not always extend to indigenous communities. It is reported that in the US, many of the 1.4 million American Indians living on or near Indian Lands lack access to basic law enforcement services. Juvenile justice systems in tribal communities are severely underfunded and lack comprehensive programs that focus on preventing juvenile delinquency, providing intervention services, and imposing appropriate sanctions. Moreover, law enforcement and justice personnel in American Indian communities are said to receive insufficient and inadequate training.[10] This situation is by no means restricted to the US. Generally, indigenous peoples do not have easy access to justice and effective remedies, and in some countries, they may be denied access altogether.[11] Moreover, indigenous people may be unaware of their entitlements and rights under national law. At the same time, discrimination may mean that indigenous young people are more likely to be stopped by the police than their non-indigenous peers and more likely to be incarcerated, often in detention facilities far from their communities. Harassment of and violence against indigenous peoples in remote areas traumatizes communities and even threatens their survival. As regards trafficking, the strong community and family bonds that characterize traditional indigenous communities are important in defending children from this practice. Where, however, these bonds are eroded by a lack of effective official protection and economic marginalization, indigenous women and children may be particularly at risk, especially those in remote rural areas or close to national boundaries. The clandestine nature of child trafficking makes it hard to obtain statistical information, including the ethnic origin of trafficked children. Nonetheless, it is likely that significant numbers of children from indigenous groups are involved. The marginalization and poverty faced by indigenous families and communities also put indigenous children at particular risk of becoming involved in the worst forms of child labour,[12] including wage labour in plantations in South America, debt bondage, which affects scheduled tribes in India, and, especially for girls, domestic service.

The Impact of armed conflict and civil unrest on indigenous children

The vulnerability of indigenous children may be particularly apparent in times of conflict and civil unrest, during which violence may be specifically targeted against them.[13] Often indigenous communities become caught up in conflict because they occupy land with valuable natural resources, because their remote territories offer a base from which armed groups can operate and where the state is all but absent, or because they live on and around contested frontiers. According to research undertaken by Minority Rights Group, a non-governmental organization (NGO), the experience of minority and indigenous children in conflicts in Bangladesh, Somalia, and Guatemala has included physical injury and death; torture and rape; the witnessing of atrocities; separation from parents and community; lost access to health care, education, and housing; eviction and forced displacement; the destruction of villages, crops, and wells; and neglect during humanitarian relief and reconstruction programmes.[14] In addition, indigenous children may be forcibly recruited into armed groups, either to fight or to provide support, and indigenous girls are at risk of being forced to provide sex to soldiers. Violence against indigenous peoples is also associated with resource exploitation and illegal drug cultivation and trafficking. Indigenous communities in India report being victims of displacement and forced recruitment into armed groups, their children have been seriously injured or killed by mines, and their plantations have been exploited for illegal drug production. Both their health and agricultural livelihood have been compromised by aerial spraying of these illegal crops.[15] One of the best ways to guarantee that an indigenous child receives adequate protection from violence, abuse, and exploitation is to support and build on the strengths of his

or her family, kinship network, and community. An indigenous community that lives in security (including land security), free from discrimination and persecution, and with a sustainable economic base has a solid foundation for ensuring the protection and harmonious development of its children, and this is what the convention aspires.

[1] H. Srikanth, Who in North-east India Are Indigenous? Vol.49, No.20., 41-46 (Economic and Political Weekly, May 17, 2014).

[2] Ministry of Health, New Zealand (2002), Health and Independence Report 2002. 

[3] ILO (2001-2), ”Vietnam Desk Review” from Project to Promote ILO Policy on Indigenous and Tribal Peoples (Convention 169), International Labour Organization, Geneva.

[4] UNICEF Viet Nam, “The Struggle to Provide a Bilingual Education for Viet Nam’s Ethnic Minority Children”, available at: www.unicef.org.vn/ (Last visited on May 4, 2023).

[5] UN Committee on the Rights of the Child (1999), “Concluding Observations of the Committee on the Rights of the Child: Mexico. 10/11/99”, CRC/C/15/Add.112.

[6] International Work Group for Indigenous Affairs (2001), The Indigenous World 2000-2001, IWGIA, Copenhagen.

[7] For further details, see Human Rights and Equal Opportunity Commission (1997) Bringing them Home. Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, Human Rights and Equal Opportunity Commission, Sydney. The Committee on the Elimination of All Forms of Racial Discrimination notes the “extraordinary harm inflicted by these racially discriminatory practices”. Committee on the Elimination of Racial Discrimination (2000), “Concluding Observations by the Committee on the Elimination of Racial Discrimination : Australia. 19/04/2000”. CERD/C/304/Add.101

[8] Survival International, “Innu – about”, available at: www.survivalinternational.org/tc%20innu.htm (Last visited on May 6, 2023).

[9] Challenges Facing American Indian Youth: On the Front Lines With Senator Ben Nighthorse Campbell”, Juvenile Justice, Vol VII, No 2, December 2000.

[10] Andrews, Chyrl (2000), “OJJDP Tribal Youth Program”, Juvenile Justice, Vol VII, no 2, December 2000.

[11] Stavenhagen, Rodolfo (2002), “Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people”, submitted to the Commission on Human Rights, fifty-eighth session, 6 March 2002, E/CN.4/2002/97.

[12] Larsen, Peter Bille (2003) Indigenous and Tribal Children: Assessing child labour and education challenges, ILO Child Labour and Education Working Paper, IPEC/INDISCO-COOP, Geneva. In Mexico it is reported that the school enrolment rates for indigenous peoples are 20 per cent below the national average. Oxfam UK, “Education Facts” available at: www.oxfam.org.uk/ educationnow/facts.htm (Last visited on May 6, 2023).

[13] Machel, Graça (1996), Impact of Armed Conflict on Children, Report to the General Assembly, Fifty-first session, 26 August 1996, A/51/306.

[14] Minority Rights Group International (1997), War: The Impact on Minority and Indigenous Children, Minority Rights Group, London.

[15] Children and Armed Conflict Unit (1998), “Armed Conflict and Minority and Indigenous Children in the Indian Subcontinent”, Report of an International Workshop, 23-24 April 1998, Mumbai, India at: www.essex.ac.uk/armedcon/international/comment/Text/paper005.htm

V. Conclusion

Indigenous peoples have experienced oppression, marginalisation, and exploitation throughout most of their history. Today, there is a real opportunity to bring indigenous issues – and, in particular, the rights of indigenous children – to the forefront of both national and international agendas, thanks to the growth and strengthening of indigenous people’s organisations and the creation of UN structures like the Permanent Forum on Indigenous Issues.

Indigenous children are the guardians of the spiritual values that flow from their communities’ land as well as its’ inheritors. These principles will be safeguarded, nurtured, and transmitted to their own children by them. In accordance with the Convention on the Rights of the Child and other international human rights treaties, indigenous children are also the subjects of universal rights. In particular, the four main areas of health and nutrition, excellent education, effective protection and support, and child participation in decision-making processes have been reviewed in this paper, in an Indian setting. Each of these four components, which are directly derived from the Convention on the Rights of the Child and are thus universally applicable, constitute an area where indigenous children’s rights are frequently violated while also offering a chance for significant advancement in the direction of their effective fulfilment. The examples in the paper attest to the fact that advancing the rights of indigenous children is not only feasible but also, in many cases, already a reality and provide important lessons. Making medical facilities accessible in indigenous communities and offering knowledge and treatment in a sensitive way are important components of promoting indigenous children’s rights to health and nutrition. Indigenous community health workers and medical professionals are crucial in bridging the gap between traditional medicine and established medical care. Making schooling accessible to indigenous children is an important step in the area of education. Indigenous languages and cultural settings must be considered in learning opportunities, and instructors must be sufficiently prepared and supported in order to do their duties successfully. Indigenous children must get the same level of protection as non-indigenous children, but they may also need additional culturally sensitive measures to address any unique problems they may encounter. Indigenous communities are increasingly using traditional holistic healing techniques to address challenges including juvenile justice, substance abuse, and domestic violence. Community and familial networks are valuable resource for indigenous children. Finally, involvement is a critical component in preserving the rights of indigenous children and their full citizenship. This partly entails assisting indigenous communities in getting involved in health, education, and other initiatives for children, but it primarily refers to children getting involved in the pertinent procedures and choices that affect them, both within and outside of their communities.

Indigenous children, like other children, may become the defenders of their own rights when knowledge is made available to them and suitable communication channels are established. This research paper’s main takeaway is that effective and long-lasting programmes for indigenous children, such as the kinds of national actions covered here, are most likely to be built on a human rights strategy that is, by definition, intercultural and takes into account indigenous worldviews. In other words, the most successful programmes support the growth of community autonomy and empowerment, support regional indigenous languages and customs, respect established social structures, and acknowledge the crucial role played by indigenous leaders in promoting and defending the rights of children in their communities. By considering how people from across the world work towards the same objective — to live in freedom, peace, and security and to experience fairness, mutual respect, and understanding —an intercultural perspective enhances and reinforces human rights.

Bibliography
  1. United Nations Convention on the Rights of the Child, available at: https://www.ohchr.org/sites/default/files/crc.
  2. Geneva Declaration of the Rights of the Child, 1924, available at: http://www.un-documents.net/gdrc1924.htm (Last visited on April 30, 2023).
  3. Woolley, The rights of Indigenous children around the world – still far from a reality, Vol. 94, Issue 5, 397-400 (Archives of Disease in Childhood, 2009).
  4. Bengt G. Karlsson & T.B. Subba, Introduction to INDIGENEITY IN INDIA 1-19 (Bengt G. Karlsson & T.B. Subba, eds., 2006).
  5. Virginius Xaxa, Tribes as Indigenous People of India, 34 ECON. & POL. WKLY. 3589, 3590-91 (1999).
  6. Andre Beteille, What Should We Mean by “Indigenous People”, in INDIGENEITY IN INDIA.
  7. Niraja Gopal Jayal, Citizenship and Its Discontents: An Indian History 240 (2013).
  8. Indigenous children and youth, available at: https://www.ohchr.org/sites/default/files/Documents/Publications/GuideIPleaflet9en.pdf (Last visited on May 1, 2023).
  9. International Convention on the Elimination of All Forms of Racial Discrimination, available at: https://www.ohchr.org/sites/default/files/cerd.pdf (Last visited on May 2, 2023).
  10. International Covenant on Civil and Political Rights, available at: https://www.ohchr.org/sites/default/files/ccpr.pdf (Last visited on May 2, 2023).
  11. International Covenant on Economic, Social and Cultural Rights, available at: https://www.ohchr.org/sites/default/files/cescr.pdf (Last visited on May 2, 2023).
  12. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, available at: https://www.ohchr.org/sites/default/files/religion.pdf (Last visited on May 2, 2023).
  13. Declaration on the Right to Development, available at: https://www.ohchr.org/sites/default/files/rtd.pdf (Last visited on May 2, 2023).
  14. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-rights-persons-belonging-national-or-ethnic (Last visited on May 2, 2023).
  15. Agenda 21, available at: https://sustainabledevelopment.un.org/content/documents/Agenda21.pdf (Last visited on May 2, 2023).
  16. Vienna Declaration on Human Rights and Programme of Action, available at: https://www.ohchr.org/sites/default/files/vienna.pdf (Last visited on May 2, 2023).
  17. A World Fit for Children, available at: https://press.un.org/en/2002/ga10022.doc.htm (Last visited on May 2, 2023).
  18. International Labour Organisation Convention (No. 169), available at: https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C169 (Last visited on May 2, 2023).
  19. Srikanth, Who in North-east India Are Indigenous? Vol.49, No.20., 41-46 (Economic and Political Weekly, May 17, 2014).
  20. Ministry of Health, New Zealand (2002), Health and Independence Report 2002.
  21. ILO (2001-2), “Vietnam Desk Review” from Project to Promote ILO Policy on Indigenous and Tribal Peoples (Convention 169), International Labour Organization, Geneva.
  22. UNICEF Vietnam, “The Struggle to Provide a Bilingual Education for Viet Nam’s Ethnic Minority Children”, available at: www.unicef.org.vn/ (Last visited on May 4, 2023).
  23. UN Committee on the Rights of the Child (1999), “Concluding Observations of the Committee on the Rights of the Child: Mexico. 10/11/99”, CRC/C/15/Add.112.
  24. International Work Group for Indigenous Affairs (2001), The Indigenous World 2000-2001, IWGIA, Copenhagen.
  25. Survival International, “Innu – about”, available at: www.survivalinternational.org/tc%20innu.htm (Last visited on May 6, 2023).
  26. Challenges Facing American Indian Youth: On the Front Lines With Senator Ben Nighthorse Campbell”, Juvenile Justice, Vol VII, No 2, December 2000.
  27. Andrews, Chyrl (2000), “OJJDP Tribal Youth Program”, Juvenile Justice, Vol VII, no 2, December 2000.
  28. Stavenhagen, Rodolfo (2002), “Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people”, submitted to the Commission on Human Rights, fifty-eighth session, 6 March 2002, E/CN.4/2002/97.
  29. Larsen, Peter Bille (2003) Indigenous and Tribal Children: Assessing child labour and education challenges, ILO Child Labour and Education Working Paper, IPEC/INDISCO-COOP, Geneva. In Mexico it is reported that the school enrolment rates for indigenous peoples are 20 per cent below the national average. Oxfam UK, “Education Facts” available at: www.oxfam.org.uk/ educationnow/facts.htm (Last visited on May 6, 2023).
  30. Machel, Graça (1996), Impact of Armed Conflict on Children, Report to the General Assembly, Fifty-first session, 26 August 1996, A/51/306.
  31. Minority Rights Group International (1997), War: The Impact on Minority and Indigenous Children, Minority Rights Group, London.

Children and Armed Conflict Unit (1998), “Armed Conflict and Minority and Indigenous Children in the Indian Subcontinent”, Report of an International Workshop, 23-24 April 1998, Mumbai, India at: www.essex.ac.uk/armedcon/international/comment/Text/paper005.htm

According to the rules of the Bar Council of India, NG Legal (the “Firm”) is not allowed to advertise or solicit work. By clicking “I Agree” below, the user agrees that neither the Firm nor any of its members have sent any personal communications, advertisements, invitations, or inducements of any kind to advertise or solicit work through this website. This website’s objective is to give users information about the firm, its practice areas, and its advocates and solicitors. The user is interested in learning more about the firm for personal and professional purposes. Only upon the express request of the user, they are receiving the information about the firm. Any such information or materials downloaded from this website are entirely at the user’s discretion, and any transmission, reception, or use of this website does not establish a lawyer-client relationship. The information on this website, specifically the blog, should not be interpreted as legal advice in any way, nor is it meant to serve as a source of solicitations or advertising. The Firm disclaims all liability for any actions taken by the user based on information or materials found on this website. Should the user need any help, they are strictly advised to get independent legal counsel. This website's content is the firm’s intellectual property. Please read and accept our website’s Terms of Use and our Privacy Policy.

I Agree Do Not Agree