First Peoples or More?

Abstract This chapter examines the contested definition of ‘Indigenous peoples’ in international law, focusing on the politics of standard-setting processes and the tension between competing normative frameworks. While the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) does not define the term ‘Indigenous peoples’, its negotiation history reveals a dynamic expansion from an original focus on first peoples of settler states to include tribal peoples in Asia, Africa, and beyond. The chapter traces this evolution through the ILO Conventions, UN and OAS Declarations, and key jurisprudence, and argues for a process of ‘mutual recognition’ between Indigenous actors as a means to settle disagreement on the meaning of Indigenous peoples. It critically evaluates theories that support either a narrow, colonization-based definition or a broader, constructivist model. The chapter concludes by proposing a ‘dual approach’ that parses Indigenous rights according to the justificatory grounds relevant in particular regional and historical contexts, aiming to protect the normative integrity of rights such as self-determination and FPIC while retaining global inclusivity.