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ILO Convention 169: Can it help?
Basic Principles of Convention No. 169
Convention No. 169 emphasizes the shift in the conceptual approach to Indigenous and tribal peoples towards one based on respect for their specific identity "...and their right to participate in the decision-making process in all questions and programs directly affecting them, that is to say, to participate in the making of decisions and the determination of their own destiny." The Convention has 32 operative articles and is based on two fundamental concepts: consultation and participation. It is premised on the belief that Indigenous and tribal peoples should have the right to be consulted when legislative and administrative measures which may affect them are being considered; that they should have the right to participate at all levels of decision-making concerning them; and that they should have the right to decide their own development priorities. In addition there is a requirement for prior impact assessment studies to assess the social, spiritual, cultural and environmental implications of any planned development activities on these peoples (Article 7).
The Convention addresses issues of vital importance to Indigenous and tribal peoples including the rights of ownership and possession over the lands they traditionally occupy, or have had access to (Article 14); the rights to natural resources including the right to participate in the use, management and conservation of such resources (Article 15); displacement (Article 16); land alienation (Article 17); unauthorized intrusions (Article 18); agrarian programs (Article 19); recruitment and conditions of employment (Article 20); vocational training, handicrafts and rural industries (Articles 21 to 23); social security and health (Articles 24 and 25); education (Articles 26 to 31) and cross-border cooperation (Article 32).
Eight years after the adoption of Convention 169 concerning Indigenous and Tribal Peoples by the International Labor Organization (ILO), the flames of controversy smolder on. The Convention has been criticized for not fully embodying the Indigenous point of view. There are even those who imply that the wording of the document is a direct affront to the rights of Indigenous peoples. Directly after the adoption of Convention 169 by the ILO, the Indigenous Peoples Preparatory Meeting in Geneva produced a resolution rejecting Convention 169 and asking governments not to ratify it. Yet despite its arguable shortcomings,...