Indigenous and Tribal Peoples Convention, 1989
Encyclopedia
Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization
Convention, also known as ILO-convention 169, or C169. It is the major binding international convention concerning indigenous peoples
, and a forerunner of the Declaration on the Rights of Indigenous Peoples
.
It was established in 1989, with the preamble stating:
. Some of the nations ratifying the 1989 Convention "denounced" the 1957 Convention.
The revision to the Convention 107 has meant that the integrationist and assimilationist approach are no longer acceptable doctrines for the governments to pursue. Indigenous peoples should hold the right to choose to integrate or maintain their cultural and political integrity. Articles 8–10 recognize the cultures, traditions, and special circumstances of indigenous tribal peoples.
In November 2009, a court decision in Chile
, considered to be a landmark in indigenous rights concerns, made use of the ILO convention law. The court ruled unanimously in favor of granting a water flow of 9 liters per second to Chusmiza and Usmagama communities. The legal dispute had dragged for 14 years, and centers on community water rights in one of the driest deserts on the planet. The Supreme Court decision on Aymara water rights upholds rulings by both the Pozo Almonte tribunal and the Iquique Court of Appeals, and marks the first judicial application of ILO Convention 169 in Chile. Prior to this decision, some protests had escalated over the failure to respect the Convention 169 in Chile. Mapuche leaders filed an injunction against Bachelet and minister of the presidency José Antonio Viera Gallo, who is also coordinator of indigenous affairs, with the argument that the government had failed to fully comply with the Convention 169 clause on the right to "prior consultation," which must be carried out "in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures," such as logging, agribusiness or mining projects in indigenous territories. There were already several examples of the successful use of the ILO Convention in Chile, like the case of a Machi Indian woman who brought legal action to protect a plot of land with herbs used for medicinal purposes, which was threatened by the forest industry. Some concerns were however raised at the time over the political framework of the government being brought in line with the convention, and not the other way around.
International Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...
Convention, also known as ILO-convention 169, or C169. It is the major binding international convention concerning indigenous peoples
Indigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
, and a forerunner of the Declaration on the Rights of Indigenous Peoples
Declaration on the Rights of Indigenous Peoples
The United Nations Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly during its 62nd session at UN Headquarters in New York City on 13 September 2007....
.
It was established in 1989, with the preamble stating:
Noting the international standards contained in the Indigenous and Tribal Populations Convention and Recommendation, 1957, and
Recalling the terms of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the many international instruments on the prevention of discrimination, and
Considering that the developments which have taken place in international law since 1957, as well as developments in the situation of indigenous and tribal peoples in all regions of the world, have made it appropriate to adopt new international standards on the subject with a view to removing the assimilationist orientation of the earlier standards, and
Recognising the aspirations of these peoples to exercise control over their own institutions, ways of life and economic development and to maintain and develop their identities, languages and religions, within the framework of the States in which they live, and
Noting that in many parts of the world these peoples are unable to enjoy their fundamental human rights to the same degree as the rest of the population of the States within which they live, and that their laws, values, customs and perspectives have often been eroded, and...
Document
The convention is made of a Preamble, followed by forty-four articles, divided in ten parts. These are:- Part I. General Policy
- Part II. Land
- Part III. Recruitment And Conditions Of Employment
- Part IV. Vocational Training, Handicrafts And Rural Industries
- Part V. Social Security And Health
- Part VI. Education And Means Of Communication
- Part VII. Contacts And Co-operation Across Borders
- Part VIII. Administration
- Part IX. General Provisions
- Part X. Final Provisions
Modifications
This Convention revised Convention C107, the Indigenous and Tribal Populations Convention, 1957Indigenous and Tribal Populations Convention, 1957
Indigenous and Tribal Populations Convention, 1957 is an International Labour Organization Convention within the United Nations that was established in 1957...
. Some of the nations ratifying the 1989 Convention "denounced" the 1957 Convention.
Purpose and history
The ILO 169 convention is the most important operative international law guaranteeing the rights of indigenous peoples. Its strength, however, is dependent on a high number of ratifications among nations.The revision to the Convention 107 has meant that the integrationist and assimilationist approach are no longer acceptable doctrines for the governments to pursue. Indigenous peoples should hold the right to choose to integrate or maintain their cultural and political integrity. Articles 8–10 recognize the cultures, traditions, and special circumstances of indigenous tribal peoples.
In November 2009, a court decision in Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
, considered to be a landmark in indigenous rights concerns, made use of the ILO convention law. The court ruled unanimously in favor of granting a water flow of 9 liters per second to Chusmiza and Usmagama communities. The legal dispute had dragged for 14 years, and centers on community water rights in one of the driest deserts on the planet. The Supreme Court decision on Aymara water rights upholds rulings by both the Pozo Almonte tribunal and the Iquique Court of Appeals, and marks the first judicial application of ILO Convention 169 in Chile. Prior to this decision, some protests had escalated over the failure to respect the Convention 169 in Chile. Mapuche leaders filed an injunction against Bachelet and minister of the presidency José Antonio Viera Gallo, who is also coordinator of indigenous affairs, with the argument that the government had failed to fully comply with the Convention 169 clause on the right to "prior consultation," which must be carried out "in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures," such as logging, agribusiness or mining projects in indigenous territories. There were already several examples of the successful use of the ILO Convention in Chile, like the case of a Machi Indian woman who brought legal action to protect a plot of land with herbs used for medicinal purposes, which was threatened by the forest industry. Some concerns were however raised at the time over the political framework of the government being brought in line with the convention, and not the other way around.
Ratifications
| Country | Date | Notes |
|---|---|---|
 Argentina ArgentinaArgentina Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires... |
03:07:2000 | ratified |
 Bolivia BoliviaBolivia Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America... |
11:12:1991 | ratified |
 Brazil BrazilBrazil Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people... |
25:07:2002 | ratified |
 Central African Republic Central African RepublicCentral African Republic The Central African Republic , is a landlocked country in Central Africa. It borders Chad in the north, Sudan in the north east, South Sudan in the east, the Democratic Republic of the Congo and the Republic of the Congo in the south, and Cameroon in the west. The CAR covers a land area of about ,... |
30:08:2010 | ratified |
 Chile ChileChile Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far... |
15:09:2008 | ratified |
 Colombia ColombiaColombia Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the... |
07:08:1991 | ratified |
 Costa Rica Costa RicaCosta Rica Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east.... |
02:04:1993 | ratified |
 Denmark DenmarkDenmark Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark... |
22:02:1996 | ratified |
 Dominica DominicaDominica Dominica , officially the Commonwealth of Dominica, is an island nation in the Lesser Antilles region of the Caribbean Sea, south-southeast of Guadeloupe and northwest of Martinique. Its size is and the highest point in the country is Morne Diablotins, which has an elevation of . The Commonwealth... |
25:06:2002 | ratified |
 Ecuador EcuadorEcuador Ecuador , officially the Republic of Ecuador is a representative democratic republic in South America, bordered by Colombia on the north, Peru on the east and south, and by the Pacific Ocean to the west. It is one of only two countries in South America, along with Chile, that do not have a border... |
15:05:1998 | ratified |
 Fiji FijiFiji Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island... |
03:03:1998 | ratified |
 Guatemala GuatemalaGuatemala Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast... |
05:06:1996 | ratified |
 Honduras HondurasHonduras Honduras is a republic in Central America. It was previously known as Spanish Honduras to differentiate it from British Honduras, which became the modern-day state of Belize... |
28:03:1995 | ratified |
 Mexico MexicoMexico The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of... |
05:09:1990 | ratified |
 Nepal NepalNepal Nepal , officially the Federal Democratic Republic of Nepal, is a landlocked sovereign state located in South Asia. It is located in the Himalayas and bordered to the north by the People's Republic of China, and to the south, east, and west by the Republic of India... |
14:09:2007 | ratified |
 Netherlands NetherlandsNetherlands The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders... |
02:02:1998 | ratified |
 Nicaragua NicaraguaNicaragua Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean... |
25:08:2010 | ratified |
 Norway NorwayNorway Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million... |
19:06:1990 | ratified |
 Paraguay ParaguayParaguay Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the... |
10:08:1993 | ratified |
 Peru PeruPeru Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean.... |
02:02:1994 | ratified |
 Spain SpainSpain Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula... |
15:02:2007 | ratified |
 Venezuela VenezuelaVenezuela Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south... |
22:05:2002 | ratified |
External links
- ILO convention 169 (English) - International Labour Organization website
- Campaign for Ratification of the 1989 ILO Convention – UNPOUnrepresented Nations and Peoples OrganizationThe Unrepresented Nations and Peoples Organization , formed in 11 February 1991, in The Hague, is an international organization of political organisations and governments representing self-proclaimed "indigenous peoples, minorities, and unrecognised or occupied territories". The organization...
petition for the ILO 169 - International Law and Indigenous Peoples: Historical stands and contemporary developments – S. James, Anaya, Cultural Survival
- International Law – Survival International