Indigenous and Tribal Peoples Convention, 1989

Indigenous and Tribal Peoples Convention, 1989

C169
ILO Convention
Date of adoption	June 27, 1989
Date in force	September 5, 1991
Classification	Indigenous and Tribal Peoples
Subject	Indigenous and Tribal Peoples
Previous	Employment Promotion and Protection against Unemployment Convention, 1988
Next	Chemicals Convention, 1990

TheIndigenous and Tribal Peoples Convention, 1989is anInternational Labour OrganizationConvention,also known asILO Convention 169,orC169.It is the majorbindinginternational conventionconcerningindigenous peoplesandtribal peoples,and a forerunner of theDeclaration on the Rights of Indigenous Peoples.

It was established in1989,with the preamble stating:

Noting the international standards contained in theIndigenous and Tribal Populations Conventionand Recommendation, 1957, and

Recalling the terms of theUniversal Declaration of Human Rights,theInternational Covenant on Economic, Social and Cultural Rights,theInternational Covenant on Civil and Political Rights,and the manyinternational instrumentson the prevention ofdiscrimination,and

Considering that the developments which have taken place in international law since 1957, as well as developments in the situation ofindigenousandtribal peoplesin all regions of the world, have made it appropriate to adopt new international standards on the subject with a view to removing theassimilationistorientation 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 fundamentalhuman rightsto 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...

Provisions

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

Modification

This Convention revised Convention C107, theIndigenous and Tribal Populations Convention, 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 and tribal peoples. Its strength, however, is dependent on a high number ofratificationsamong nations.

The revision to the Convention 107 forbade governments from pursuing approaches deemed integrationist andassimilationist.It asserts the rights of indigenous and tribal peoples to choose to integrate or to maintain their cultural and political independence. Articles 8–10 recognize the cultures, traditions, and special circumstances of indigenous tribal peoples.

In November 2009, a court decision inChile,considered to be a landmark inindigenous rightsconcerns, made use of the ILO convention law. The court ruled unanimously in favor of granting a water flow of 9 liters per second toChusmizaandUsmagamacommunities. The legal dispute had dragged for 14 years, and centers on communitywater rightsin one of the driest deserts on the planet. The Supreme Court decision onAymarawater rights upholds rulings by both thePozo Almontetribunal and theIquiqueCourt 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 inChile.Mapucheleaders filed an injunction againstMichelle Bacheletand minister of the presidencyJosé 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 aslogging,agribusinessorminingprojects inindigenousterritories. There were already several examples of the successful use of the ILO Convention in Chile, like the case of aMachiwoman who brought legal action to protect a plot of land with herbs used for medicinal purposes, which was threatened by theforest 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

Countries that ratified the convention

Ratifications of Convention 169:

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

External links

• ILO convention 169 (English)- International Labour Organization website
• Campaign for Ratification of the 1989 ILO Convention–UNPOpetition for the ILO 169
• International Law and Indigenous Peoples: Historical stands and contemporary developments–S. James, Anaya,Cultural Survival
• International Law– Survival International