ILO Convention No. 169 (1989) and India — 2024 Paper II
Describe ILO's Convention No. 169 (1989) on Indigenous and Tribal people. Is India a signatory to it?
Model Answer
VAID ICSIntroduction The ILO Convention No. 169 (adopted in 1989) is the foremost international legal framework protecting the rights of indigenous and tribal populations. Anthropologically, it marks a paradigm shift from the paternalistic and assimilationist approach of its predecessor (ILO Convention 107 of 1957) to one centered on autonomy, cultural relativism, and self-determination.
Major Provisions of ILO Convention No. 169
- Self-Identification: It recognizes self-identification as the fundamental criterion for determining indigenous/tribal groups.
- FPIC (Free, Prior, and Informed Consent): Governments must consult these communities through their own representative institutions before any legislative or administrative measures affecting them (especially regarding land diversion and mining).
- Territorial and Resource Rights: It formally recognizes customary ownership and the spiritual relationship indigenous people have with their traditional lands (Jal, Jungle, Zameen).
- Cultural Autonomy: It mandates the protection of indigenous languages, religious beliefs, customary laws, and traditional dispute-resolution institutions.
India’s Position: Why is it a Non-Signatory? India ratified the earlier assimilationist ILO 107 but has refused to sign ILO 169.
- The "Salt-Water" Thesis: India officially rejects the international binary of "indigenous versus settler." The government argues that unlike the Americas or Australia (where European settlers displaced natives via sea routes), India's populations have co-existed and intermingled for millennia.
- Constitutional Alternative: India argues that it is practically impossible to determine who the "original" inhabitants are. Instead of the international term "Indigenous," India uses the administrative/affirmative action category of "Scheduled Tribes" (Article 342).
Conclusion While India is not a signatory to ILO 169, domestic legislations like PESA (1996) and the Forest Rights Act (2006) effectively internalize the Convention's core philosophy of FPIC and democratic decentralization, fulfilling the same normative goals through an indigenous constitutional framework.
Q5(c). Agricultural practices of the Apatani. (10 marks)
Introduction The Apatani tribe, inhabiting the Ziro Valley of Arunachal Pradesh, presents a remarkable anthropological case study in Traditional Ecological Knowledge (TEK). While surrounding tribes predominantly practice shifting cultivation (Jhum), the Apatanis have evolved a highly sustainable, sedentary, intensive wet-rice agricultural system over centuries.
Core Features of the Apatani Agricultural System
- Paddy-Cum-Fish Culture (Aji-ngyii): This is a highly productive bio-cultural adaptation. While the rice crop grows, fish are reared simultaneously in the flooded terraced fields, maximizing protein and carbohydrate yield from the same plot of land without chemical fertilizers.
- Intricate Water Management: Stream water is tapped and channeled across terraced fields using a sophisticated network of bamboo and pine-wood pipes. The water flow is meticulously regulated to prevent soil erosion and ensure equitable distribution.
- Nutrient Recycling: The system is entirely organic. Household waste, agricultural residue, and animal manure are systematically channeled into the fields to maintain soil fertility.
- Agro-Forestry Integration: Villages are surrounded by carefully protected groves of bamboo and Pinus wallichiana (blue pine), which act as watershed protectors, provide construction materials, and prevent landslides.
Socio-Cultural and Institutional Linkages
- The Bulyang System: The entire agricultural landscape, especially the equitable sharing of water and labor, is managed by traditional village councils called the Bulyang, preventing the "Tragedy of the Commons."
- Ritual Ecology: Agriculture is deeply intertwined with their religious life (Donyi-Polo). The Dree Festival is celebrated for agricultural prosperity and pest protection, reinforcing social solidarity and cooperative labor.
Conclusion The Apatani agricultural system is a prime example of what ecological anthropologists call a "sustainable bio-cultural landscape." Recognizing its harmony between human ingenuity, ritual ecology, and nature, the Ziro Valley landscape is currently on the tentative list for UNESCO World Heritage Site status.
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