Tribal Rights — KSLU Hr Notes
Tribal Rights
Scheduled Tribes have special constitutional protections plus international instruments.
| Instrument | Key Provision |
|---|---|
| ILO Convention 107 (1957) | First binding instrument — integrationist approach (now outdated) |
| ILO Convention 169 (1989) | Right to maintain identity, prior and informed consent for land use |
| UNDRIP 2007 | UN Declaration on Rights of Indigenous Peoples — free, prior and informed consent (FPIC) |
| Art. 46 Indian Constitution | State shall promote educational and economic interests of SCs and STs |
| Fifth and Sixth Schedules | Administration of tribal areas — autonomous district councils |
| PESA Act, 1996 | Panchayats Extension to Scheduled Areas — self-governance in tribal regions |
| Forest Rights Act, 2006 | Recognition of tribal rights over forest land |
FPIC — Free, Prior and Informed Consent: Central concept in ILO 169 and UNDRIP — States must obtain tribal community’s free and prior informed consent before any project affecting their land or resources.