Indigenous and Tribal Peoples and the ILO

1
Indigenous and Tribal Peoplesand the ILO

• Standards Assistance
• Research

2
ILO Fields of Action

• International standards
• Supervision of application
• Promotional activities
• Assistance to governments
• Assistance to indigenous communities
• Participation in international deliberations

3
ILO Standards

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

4
Convention No. 169 (1989)

• Only intl Convention specifically on indigenous
  peoples open to ratification
• Adopted with UN system, indigenous participation
• Ratified by 19 countries, others examining Latin
  America European ( Asia?)
• Basis of all ILO action

5
C. 169 (contd)

• Covers indigenous and tribal
• Refers to peoples
• Basic principles are participation and
  consultation (Arts. 6 and 7)
• Respect for customary law, own social control
  methods

6
C. 169 (contd)

• Land and resource rights
• Special labour protection
• Indigenous control over education, health equal
  treatment
• Contacts across borders
• Coordinated govt administration

7
Land rights under C 169

• Article 14 ITP have the rights of ownership and
  possession to lands traditionally occupied
• Joint use recognized, conflict resolution
• Nomadic peoples taken into account

8
Land rights

• Article 15
• Rights to resources specially protected
• Right to consultation, impact study before
  exploration or exploitation of resources
• Participation in benefits

9
Other ILO standards

• A number of ILO standards protect indigenous
  peoples as workers
• Non-discrimination C. 111
• Forced labour C. 29
• Child labour Cs 138, 182
• Others including wage protection, safety and
  health, migrant workers, labour inspection

10
ILO supervisionregular and revealing

• Committee of Experts on the Application of
  Conventions and Recommendations
• Experts make comments on reports (published
  following March)

11
Supervision (contd)

• Governments have to answer, workers and
  employers organizations can take part
• Governments may be called before Conference in
  June

12
Indigenous/NGO input to reports

• Best agree with governments to participate
• OR form partnership with trade union
• OR send info directly to ILO
• - TUs can submit information directly
• - Submissions sent to governments for
  comments
• - NGO information dealt with on merits, not
  submitted directly

13
Findings from supervision

• Most governments are reporting
• Measures being taken or attempted in some
  countries - Governments often asking for help
• Indigenous peoples making  alternative reports 
  in various forms
• But - consultations and participation lacking
• Many serious abuses continue

14
Complaints procedures

• Art. 24 representations (ILO complaints
  procedure) against Denmark, Bolivia, Colombia,
  Ecuador, Mexico, Peru
• Findings in most cases lack of consultation,
  land rights not respected, abuses rampant