| C169 | |
|---|---|
| ILO Convention | |
| Date of adoption | June 27, 1989 |
| Date in force | September 5, 1991 |
| Classification | Indigenous and Tribal Peoples |
| Subject | Indigenous and Tribal Peoples |
| Previous | Employment Promotion and Protection against Unemployment Convention, 1988 |
| Next | Chemicals Convention, 1990 |
TheIndigenous and Tribal Peoples Convention, 1989 is anInternational Labour OrganizationConvention, also known asILO Convention 169, orC169. It is the majorbindinginternational convention concerningIndigenous peoples andtribal peoples, and a forerunner of theDeclaration on the Rights of Indigenous Peoples.
It was established in 1989, with the preamble stating:[1]
Noting the international standards contained in theIndigenous and Tribal Populations Convention and Recommendation, 1957, and
Recalling the terms of theUniversal Declaration of Human Rights, theInternational Covenant on Economic, Social and Cultural Rights, theInternational Covenant on Civil and Political Rights, and the manyinternational instruments on the prevention ofdiscrimination, and
Considering that the developments which have taken place in international law since 1957, as well as developments in the situation of indigenous and tribal peoples in all regions of the world, have made it appropriate to adopt new international standards on the subject with a view to removing theassimilationist orientation of the earlier standards, and
Recognising the aspirations of these peoples to exercise control over their own institutions, ways of life and economic development and to maintain and develop their identities, languages and religions, within the framework of the States in which they live, and
Noting that in many parts of the world these peoples are unable to enjoy their fundamentalhuman rights to the same degree as the rest of the population of the States within which they live, and that their laws, values, customs and perspectives have often been eroded, and...
The convention is made of a Preamble, followed by forty-four articles, divided in ten parts. These are:[2]
This convention revised Convention C107, theIndigenous and Tribal Populations Convention, 1957. Some of the nations ratifying the 1989 Convention "denounced" the 1957 Convention.[3]
The ILO 169 convention is the most important operative international law guaranteeing the rights of Indigenous and tribal peoples. Its strength, however, is dependent on a high number ofratifications among nations.[4][5][6]
The revision to the Convention 107 forbade governments from pursuing approaches deemed integrationist andassimilationist.[7] It asserts the rights of Indigenous and tribal peoples to choose to integrate or to maintain their cultural and political independence. Articles 8–10 recognize the cultures, traditions, and special circumstances of Indigenous tribal peoples.
In November 2009, a court decision inChile, considered to be a landmark inIndigenous rights concerns, made use of the ILO convention law. The court ruled unanimously in favor of granting a water flow of 9 liters per second toChusmiza andUsmagama communities. The legal dispute had dragged on for 14 years, and centers on communitywater rights in one of the driest deserts on the planet. The Supreme Court decision onAymara water rights upholds rulings by both thePozo Almonte tribunal and theIquique Court of Appeals, and marks the first judicial application of ILO Convention 169 in Chile.[8] Before this decision, some protests had escalated over the failure to respect the Convention 169 in Chile.Mapuche leaders filed an injunction againstMichelle Bachelet and minister of the presidencyJosé Antonio Viera Gallo, who is also coordinator of Indigenous affairs, with the argument that the government had failed to fully comply with the Convention 169 clause on the right to "prior consultation", which must be carried out "in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures," such as logging, agribusiness or mining projects in Indigenous territories. There were already several examples of the successful use of the ILO Convention in Chile, like the case of aMachi woman who brought legal action to protect a plot of land with herbs used for medicinal purposes, which was threatened by the forest industry. Some concerns were however raised at the time over the political framework of the government being brought in line with the convention, and not the other way around.[9]
| Country | Date | Notes |
|---|---|---|
 Argentina | 3 July 2000 | ratified |
 Bolivia | 11 December 1991 | ratified |
 Brazil | 25 July 2002 | ratified |
 Central African Republic | 30 August 2010 | ratified |
 Chile | 15 September 2008 | ratified |
 Colombia | 7 August 1991 | ratified |
 Costa Rica | 2 April 1993 | ratified |
 Denmark | 22 February 1996 | ratified |
 Dominica | 25 June 2002 | ratified |
 Ecuador | 15 May 1998 | ratified |
 Fiji | 3 March 1998 | ratified |
 Germany | 15 April 2021 | ratified |
 Guatemala | 5 June 1996 | ratified |
 Honduras | 28 March 1995 | ratified |
 Luxembourg | 5 June 2018 | ratified |
 Mexico | 5 September 1990 | ratified |
 Nepal | 14 September 2007 | ratified |
 Netherlands | 2 February 1998 | ratified |
 Nicaragua | 25 August 2010 | ratified |
 Norway | 19 June 1990 | ratified |
 Paraguay | 10 August 1993 | ratified |
 Peru | 2 February 1994 | ratified |
 Spain | 15 February 2007 | ratified |
 Venezuela | 22 May 2002 | ratified |
