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5 Colo. J. Int'l Envtl. L. & Pol'y 149 (1994)
Indigenous Peoples and the Environment: The Case of the Pastorial Maasai of Kenya

handle is hein.journals/colenvlp5 and id is 157 raw text is: Indigenous Peoples And The Environment: The Case Of The Pastoral Maasai Of Kenya Joy K. Asiemat Francis D. P. Situmatt I. INTRODUCTION A definition of indigenous peoples is notoriously elusive, despite the fact indigenous peoples consider themselves to be distinct peoples. A great variety and number of communities in the world are referred to or refer to themselves as indigenous peoples.) National minorities, nomadic peoples, and displaced peoples have been referred to as indigenous, par- ticularly where they have been subjected to discrimination, exploitation, dispossession of their lands, and relocation. Isolated or marginalized groups that have not been subjected to, or subjugated by, colonialism have also been referred to as indigenous because of their historic presence on a particular territory, their preservation of ancestral customs, or their incor- poration into a state with different national, social, and cultural charac- teristics from their own.2 Despite these varied definitions, indigenous peoples can be collective- ly described as people descending from the original inhabitants of an area that has been taken over by more powerful outsiders, with a distinct language, culture, or religion. Most think of themselves as custodians-not owners-of their land and other resources and partly define themselves by reference to the habitat from which they derive their livelihood. They commonly live in, or maintain strong ties to, a subsistence economy; many either are, or are descendants of, hunter-gatherers, fishers, nomadic or t Lecturer at the Kenya School of Law in Nairobi, Kenya, and attorney for the firm of Hamilton Harrison & Mathews, Advocates. Candidate for a Ph.D. at the Fletcher School of Law & Diplomacy at Tufts University in Medford, Mass. 1. Russell L. Barsh, Indigenous Peoples, an Emerging Object of International Law, 80 AM. J. INT'L L. 369, 373-375 (1986). 2. Id.

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