"Indigenous Peoples" in International Law: A Constructivist Approach to the Asian Controversy

The focus of this article is on the legal designation of Indigenous peoples, and the rights that this designation invokes. This definitional debate is considered within the context of groups in Asia who are denied recognition by the state and are seeking designation as Indigenous peoples. The article presents an overview of the international definitions of Indigenous peoples, as well as the ways in which various Indigenous peoples have defined themselves. In understanding these varying definitions, the history of colonialism is presented as well as the resulting attitudes towards Indigenous peoples in states dominated by European settlers. A detailed analysis of this history is reviewed for the Philippines, Japan, Malaysia, Thailand, Taiwan and Bangladesh. Also presented is an overview of the international norms that have arisen in relation to Indigenous peoples, as well as the international institutions that impact upon First Nations peoples. This discussion holds particular relevance for Indigenous women in Asia.