Legal Definitions - indigenous

The term indigenous refers to the original inhabitants of a particular region or country. These are the peoples who lived in an area before it was settled, colonized, or conquered by later arrivals who often became the dominant group. The term emphasizes their deep historical connection to the land and their distinct cultural heritage, which may differ significantly from the prevailing culture of the state they now reside within.

Here are some examples illustrating the concept of indigenous peoples:

• Example 1: The Māori in New Zealand

  The Māori people were the first to settle New Zealand (Aotearoa) centuries before European explorers arrived. Despite the subsequent establishment of a British colony and the dominance of European culture, the Māori maintain their distinct identity, language, and customs as the indigenous population of the islands. Their historical treaties and ongoing claims for land and cultural recognition are central to their status as the original inhabitants.

• Example 2: The Sami people of Northern Europe

  The Sami are recognized as the indigenous inhabitants of Sápmi, a region spanning parts of northern Norway, Sweden, Finland, and Russia. Their traditional way of life, including reindeer herding, predates the current national borders and the formation of these modern states, making them the original peoples of that vast Arctic territory. Their rights to cultural preservation and land use are often discussed in international and national legal frameworks.

• Example 3: Various tribal communities in the Amazon Rainforest

  Numerous tribal communities living deep within the Amazon rainforest are considered indigenous peoples of South America. Their ancestral lands and traditional practices predate the establishment of modern South American nations, and they continue to advocate for their rights to self-determination and the protection of their territories against external development, such as logging or mining. Their existence highlights the ongoing legal and political struggles faced by indigenous groups globally.