Indigenous and Tribal Peoples and the ILO Standards – Assistance Research

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

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

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

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

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

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

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

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

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

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

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