What is ILO Convention 169?
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ILO Convention 169 is the Indigenous and Tribal Peoples Convention, adopted by the International Labour Organization in 1989. It is the main legally binding international treaty on indigenous and tribal peoples' rights. It applies only in countries that ratify it, and about two dozen have done so, most of them in Latin America.
The International Labour Organization is a United Nations agency. It took up indigenous issues early, because of concern about forced and exploited indigenous labour. Convention 169 replaced an older convention of 1957, which had aimed at assimilation, meaning the absorption of these peoples into the majority.
The convention requires governments to consult the peoples concerned on measures that affect them, to respect their customs and institutions, and to recognise their rights to the lands they traditionally occupy. It treats self-identification as a fundamental criterion for deciding who is covered.
It came into force in 1991. Most ratifying countries are in Latin America, including Mexico, Brazil, Peru, Bolivia and Colombia. Others include Norway, Denmark, Spain, the Netherlands, Germany and Nepal. Once a country ratifies, it must report regularly to the organisation on how it applies the convention.
Countries with large indigenous or tribal populations that have not ratified it include India, the United States, Canada, Australia and New Zealand. India remains bound by the older 1957 convention, which it ratified in 1958 and which is now closed to new ratifications.
Words used here
Sources
- International Labour Organization: Indigenous and tribal peoplesilo.org
- Wikipedia: Indigenous and Tribal Peoples Convention, 1989en.wikipedia.org