Edited by Stephen Tully
Chapter 36: ILO: Convention No 169 (1989) Concerning Indigenous and Tribal Peoples in Independent Countries (entry into force 1991)
Commentary: This Convention was formulated by the FAO, UNESCO, WHO and the Inter-American Indian Institute and is intended to remove the ‘assimilationist orientation’ of ILO Convention No 107 (1957) and Recommendation No 104 (1957) concerning Indigenous and Tribal Populations. In addition to extracts below, the Convention also contains provisions with respect to inter alia enjoying human rights without discrimination (Article 3), special protective measures (4), respect for social, cultural, religious and spiritual values (5), independent economic, social and cultural development (including improving conditions of work and life, conducting social, spiritual, cultural and environmental impact assessments and environmental protection) (7), due regard for local customs or customary laws (8), recognising cultural and spiritual relationships with territory (13), relocation and compensation (16), transmitting land rights (17), national agrarian programmes (19), health services (25) and educational programmes (27). Provisions of commercial interest pertain to land ownership (including natural resources), employment conditions, handicrafts and rural industries. See also, Sub-Commission on Prevention of Discrimination and Protection of Minorities Resolution 1990/26; UNCTC (1994), ‘Discrimination against indigenous peoples, transnational investments and operations on the lands of indigenous peoples’. For academic commentary, see Macklem P. (2001), ‘Indigenous rights and MNCs at international law’, Hastings International and Comparative Law Review, 24 (3), 475–84; Wagner M. (2001), ‘The international legal rights of indigenous peoples affected by natural resource exploitation: a brief case study’, Hastings International and Comparative Law Review, 24 (3), 491–502. Article 1 1. This Convention applies to: (a) tribal peoples in independent countries whose social, cultural...
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