INTRODUCTION

Peace agreements not only signal the end of violence but also the start of a new relationship. They are central in addressing issues regarding equity, social justice and exclusion that emerge from conflict situations. In the process of transition from conflict and violence to peace and stability, peace agreements are often the first attempt at transforming the relationships that have led to conflict. While on the one hand the first and foremost goal of a peace agreement is to formally put an end to violence, on the other their role is much broader as they are the document that will seal the new relationship between a state and a part of its population that has entered into conflict.

In recent years, there has been a proliferation of peace agreements involving indigenous peoples. Several peace agreements have been signed directly between states and indigenous peoples. This includes well known cases such as the 1995 peace agreement in Guatemala or the 1996 San Andrés agreement in Mexico, and also less known situations such as the 2003 Memorandum of Settlement on Bodoland Territorial Council between Bodo representatives and the government of India. Indigenous peoples are also affected by peace agreements signed by other actors. For example, while the peace agreement signed between the Communist Party of Nepal (Maoist) and the Nepali government in 2006 did not directly involve indigenous peoples, the agreement had some consequences onthe rights of indigenous peoples. Likewise the peace agreement signed in the Government of the Republic of the Philippines and the Moro National Liberation Front (MNLF) has some direct consequences on the rights of indigenous peoples in the region. Overall, recently there has been an increase in the number of peace agreements that affect indigenous peoples’ rights.

Many factors could explain why governments and indigenous peoples enter into peace agreements. The relationship between states and indigenous peoples is often a confrontational one. The creation of existing borders and the establishment of nation-states have often been processes in which indigenous peoples have been ignored. To some extent, ignorance of the very existence of indigenous peoples has led to discrimination, racism, inequality and then to confrontation. From this perspective, peace agreements are often the first expression of a new form of relationship between the state institutions and indigenous peoples.