INDIGENOUS AND TRIBAL PEOPLES CONVENTION IN 1989

Today, The Grandma has been reading about the Indigenous and Tribal Peoples Convention, that was ratified for the first time by Norway on a day like today in 1990.

 

The Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention, also known as ILO Convention 169, or C169. It is the major binding international convention concerning indigenous peoples and tribal peoples, and a forerunner of the Declaration on the Rights of Indigenous Peoples.

This Convention revised Convention C107, the Indigenous and Tribal Populations Convention, 1957. Some of the nations ratifying the 1989 Convention denounced the 1957 Convention.

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 of ratifications among nations.

The revision to the Convention 107 forbade governments from pursuing approaches deemed integrationist and assimilationist. 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 in Chile, considered to be a landmark in indigenous 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 to Chusmiza and Usmagama communities. The legal dispute had dragged for 14 years, and centers on community water rights in one of the driest deserts on the planet. The Supreme Court decision on Aymara water rights upholds rulings by both the Pozo Almonte tribunal and the Iquique Court of Appeals, and marks the first judicial application of ILO Convention 169 in Chile.

More information: Woven Teaching

Prior to this decision, some protests had escalated over the failure to respect the Convention 169 in Chile. Mapuche leaders filed an injunction against Michelle Bachelet and minister of the presidency José 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 a Machi 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.

More information: Gray Group International

If people can't acknowledge
the wisdom of indigenous cultures,
then that's their loss.

Jay Griffiths