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Convention 169 of the International Labour Organization

The International Labour Organization (ILO) was the first international body to take action on Indigenous issues. Since its creation in 1919, the ILO has defended the social and economic rights of groups whose customs, traditions, institutions, or language set them apart from other sections of national communities. ILO Conventions 107 and 169 are the only two legal instruments adopted by the international community specifically concerning Indigenous and tribal peoples.

and Tribal Populations Convention, 1957 (No. 107), ratified by 27 countries, was the only convention of its kind for 32 years. Adopted by the ILO with the full cooperation and collaboration of a number of other organizations in the United Nations system, it covers a wide range of issues, from the working conditions and recruitment of indigenous and tribal peoples to land rights, health and education.

To eliminate the paternalistic and integrationalist nature of Convention 107, in June of 1989 the International Labour Conference subsequently adopted Convention 169 on Indigenous and Tribal Peoples, which fixes goals, priorities, and minimum standards while setting guidelines for a participatory approach to decision-making. As of July 1996, Convention 169 had been ratified by Bolivia, Columbia, Costa Rica, Denmark, Guatemala, Honduras, Mexico, Norway, Paraguay and Peru.

This Convention is based on respect for the cultures and ways of life of Indigenous and tribal peoples and for their right to continued existence and development along the lines they themselves wish. It contains provisions to guide their relationship with the State, including protection against discrimination, and of their cultural and religious heritage, and requires impact studies in relation to development projects whenever appropriate. In addition, it recognizes that Indigenous and tribal peoples have the right to self-identification and accords them the respect of designating them as "peoples."

Convention 169 further stipulates that Governments must consult with Indigenous and tribal peoples within their countries regarding development projects and other activities affecting them, and lays down criteria for these consultations. The Convention contains provisions on land rights, which require respect for traditional occupations, and provides measures to recognize and protect these rights. Finally, the Convention recognizes that the situation of Indigenous and tribal peoples in different countries, and even within the same country, may vary enormously, and stipulates that its provisions are to be applied in a flexible manner.

The United Nations and ILO cooperate closely in developing activities to achieve the objectives of Convention 169 and of the International Decade.

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  Last Updated: 2004-04-23 top of page Important Notices