Indigenous and Tribal Peoples and the ILO Standards

Indigenous and Tribal Peoples and the ILO Standards – Assistance Research

ILO Fields of Action International standards n Supervision of application n Promotional activities n Assistance to governments n Assistance to indigenous communities n Participation in international deliberations n

ILO Assistance Project to Promote C. 169 (Asia, Africa) n INDISCO (cooperatives approach) n Legal literacy (Central America - UNFIP) n Poverty alleviation n Capacity building n New plans on discrimination, forced labour under Fundamental Rights Declaration n

ILO Standards Indigenous and Tribal Peoples Convention, 1989 (No. 169) n Indigenous and Tribal Populations Convention, 1957 (No. 107) n Other standards protecting indigenous peoples as workers n

Convention No. 107 (1957) First int’l Convention on subject n Adopted by ILO with UN system n Ratified by 27 countries (still binding on 20): Latin America + India/Bangladesh n Good protections (lands, human rights), but n Integrationist approach n Revised by C. 169 n

Convention No. 169 (1989) Only int’l Convention specifically on indigenous peoples open to ratification n Adopted with UN system, indigenous participation n Ratified by 17 countries (3 in 2002), others examining: Latin America + European n Basis of all ILO action n

C. 169 (cont’d) Covers indigenous and tribal n Refers to peoples n Basic principles are participation and consultation n Respect for customary law, social control n

C. 169 (cont’d) Land resource rights n Special labour protection n Indigenous control over education, health n Contacts across borders n Coordinated govt administration n

Other ILO standards A number of ILO standards protect indigenous peoples as workers: n Non-discrimination – C. 111 n Forced labour – C. 29 n Others – including wage protection, safety and health, migrant workers … n

ILO supervision: regular and revealing Committee of Experts on the Application of Conventions and Recommendations n Reports due by Sept. 2003 from all ratifying countries on Cs 107 and 169 n Conference Committee calls some governments to account in public n Complaints systems applicable, a number filed n

Findings from supervision Most governments are reporting n Governments often asking for help n Indigenous peoples making « alternative reports » n Measures being taken or attempted in some countries n But - consultations and participation lacking n Many serious abuses continue n

Complaints procedures Art. 24 representations (ILO complaints procedure) against Denmark, Bolivia, Colombia, Ecuador, Mexico, Peru n Number of representations pending for Mexico n Findings in most cases: lack of consultation, land rights not respected, abuses rampant n