Jun 25, 2009

Implementing Indigenous Peoples' Rights: A Practice Guide to ILO Convention No. 169


This publication provides governments, indigenous and tribal peoples and workers’ and employers’ organizations with a practical tool for the implementation of indigenous peoples’ rights, based on the experiences, good practices and lessons learned that have been generated so far.
 
 
This introduction is taken from 'Implementing Indigenous Peoples' Rights: A Practice Guide to ILO Convention No. 169'
 
In 1989, the International Labour Organisation (ILO) adopted the Indigenous and Tribal Peoples Convention (ILO Convention No. 169). Since then, the Convention has been ratified by 20 countries. In these countries, the ILO supervisory bodies have monitored and guided the implementation process through regular examination of reports and provision of comments to the concerned governments. In this context, workers’ organizations have also assisted indigenous and tribal1) peoples’ organizations to bring specific issues to the attention of the ILO supervisory bodies. Moreover, the Convention has inspired governments and indigenous peoples far beyond the ratifying countries, in their work to promote and protect indigenous peoples’ rights. The 20 years that have passed since the adoption of the Convention thus represent 20 years of efforts, dialogue and achievements in the challenging process of gradually deepening the understanding and implementation of indigenous peoples’ rights.

In 2007, the United Nations General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (A/RES/61/295). The adoption was the culmination of years of discussions and negotiations between governments and indigenous peoples and is a landmark achievement, which provides the international community with a common framework for the realization of indigenous peoples’ rights.

Following the adoption of the UN Declaration, there is now a general consensus that there must be a focus on implementation of indigenous peoples’ rights at the country-level to ensure that international instruments bring the necessary changes for the millions of indigenous peoples around the world, who are still living in marginalized and disadvantaged situations.

Convention No. 169 and the UN Declaration are compatible and mutually reinforcing, although these instruments were negotiated at different time periods by different bodies and therefore diverge in some respects. However, the implementation process of the two instruments is largely the same, and experiences generated so far in the context of Convention No. 169 can thus to a certain degree serve to inspire the further efforts to implement the Declaration.

The main purpose of this Guide is to provide governments, indigenous and tribal peoples and workers’ and employers’ organizations with a practical tool for the implementation of indigenous peoples’ rights, based on the experiences, good practices and lessons learned that have been generated so far.

The main sources of information and input for the Guide are:
- Analysis and comments provided by the  ILO supervisory bodies in order to guide the implementation of Convention No. 169 in ratifying countries.
- A series of case studies, conducted by indigenous peoples’ organizations and researchers that document key positive experiences, achievements and impacts of the implementation of indigenous peoples’ rights.
- A series of short examples of key experiences, which the reader can further study by following the links and references included in the Guide.
 
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