Indigenous and Tribal Peoples Convention, 1989
C169 | |
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Chemicals Convention, 1990 |
The 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 tribal peoples, and a forerunner of the Declaration on the Rights of Indigenous Peoples.
It was established in 1989, with the preamble stating:[1]
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:[2]
- 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
Modification
This Convention revised Convention C107, the Indigenous and Tribal Populations Convention, 1957. Some of the nations ratifying the 1989 Convention "denounced" the 1957 Convention.[3]
Purpose and history
The ILO 169 convention is the most important operative international law guaranteeing the rights of indigenous and tribal peoples. Its strength, however, is dependent on a high number of ratifications among nations.[4][5][6]
The revision to the Convention 107 forbade governments from pursuing approaches deemed integrationist and
In November 2009, a court decision in
Ratifications
Country | Date | Notes |
---|---|---|
Argentina | 3 July 2000 | ratified |
Bolivia | 11 December 1991 | ratified |
Brazil | 25 July 2002 | ratified |
Central African Republic | 30 August 2010 | ratified |
Chile | 15 September 2008 | ratified |
Colombia | 7 August 1991 | ratified |
Costa Rica | 2 April 1993 | ratified |
Denmark | 22 February 1996 | ratified |
Dominica | 25 June 2002 | ratified |
Ecuador | 15 May 1998 | ratified |
Fiji | 3 March 1998 | ratified |
Germany | 15 April 2021 | ratified |
Guatemala | 5 June 1996 | ratified |
Honduras | 28 March 1995 | ratified |
Luxembourg | 5 June 2018 | ratified |
Mexico | 5 September 1990 | ratified |
Nepal | 14 September 2007 | ratified |
Netherlands | 2 February 1998 | ratified |
Nicaragua | 25 August 2010 | ratified |
Norway | 19 June 1990 | ratified |
Paraguay | 10 August 1993 | ratified |
Peru | 2 February 1994 | ratified |
Spain | 15 February 2007 | ratified |
Venezuela | 22 May 2002 | ratified |
References
- ^ ILO Convention C169
- ^ "C169 - Indigenous and Tribal Peoples Convention, 1989 (No. 169)". www.ilo.org. Retrieved 11 October 2022.
- ^ "C169 - Indigenous and Tribal Peoples Convention, 1989 (No. 169)". www.ilo.org. Part X. Final Provisions. Retrieved 11 October 2022.
- ISBN 0-85575-379-X.
- ISBN 0-19-925378-1.
- ^ Survival International website – ILO 169 Archived October 18, 2016, at the Wayback Machine
- ISBN 90-411-1801-2.
- ^ "Chile's Supreme Court Upholds Indigenous Water Use Rights". The Santiago Times. 2009-11-30. Retrieved 2010-03-02.
- ^ "Chile: Indigenous Protests on Several Fronts". IPS. 2009-10-07. Archived from the original on 2009-10-27. Retrieved 2010-03-02.
- ^ ILO (April 1, 2020). "Convention No. C169". ilo.org. Retrieved April 1, 2020.
External links
- ILO convention 169 (English) - International Labour Organization website
- Campaign for Ratification of the 1989 ILO Convention – UNPO petition for the ILO 169
- International Law and Indigenous Peoples: Historical stands and contemporary developments – S. James, Anaya, Cultural Survival
- International Law – Survival International