Convention on Indigenous and Tribal Peoples in Independent Countries

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The Indigenous and Tribal Peoples Convention ( Indigenous and Tribal Peoples Convention ) is a convention of the International Labor Organization (ILO). Its abbreviation “ILO 169” results from the fact that it is the 169th ILO convention since it was founded in 1919. To date, it is the only international standard that guarantees the indigenous peoples of the world legally binding protection and the right to a large number of fundamental rights.

Intention and meaning

In 44 articles, the "Convention on Indigenous and Tribal Peoples in Independent Countries" guarantees the fundamental rights of the indigenous peoples. The total number of indigenous peoples is estimated at around 350 million people in over 70 countries. Their cultures, which are often thousands of years old, mostly differ from the prevailing western culture due to their special relationship with nature. However, their livelihoods, land and human rights, customs, values ​​and traditional laws are more and more endangered today. Political and economic interests, which appear inevitable in the course of globalization, threaten the way of life of many indigenous peoples.

Therefore, Convention No. 169 recalls the Universal Declaration of Human Rights , the International Covenant on Economic, Social and Cultural Rights , the International Covenant on Civil and Political Rights and the many international conventions on the prevention of discrimination. It recognizes the endeavors of these peoples, within the framework of the states in which they live, to exercise control over their institutions, their way of life and their economic development, and to preserve and develop their identity, language and religion.

Extracts

Article 2 ... It is the task of governments, with the participation of the peoples concerned, to work out coordinated and planned measures to protect the rights of these peoples and to ensure that their integrity is respected. ...

Article 3 ... Indigenous or tribal peoples must enjoy the full enjoyment of human rights and fundamental freedoms without hindrance or discrimination. The provisions of the Convention apply to male and female members of these peoples without discrimination. ...

Article 4 ... These special measures (for the protection of the peoples) must not contradict the freely expressed wishes of the peoples concerned. ...

Article 8 ... In applying national legislation to the peoples concerned, due account shall be taken of their customs or custom. ...

Article 9 ... The criminal law practices of these peoples are to be considered by the competent authorities and courts. ...

Article 12 The peoples concerned must be protected against the abuse of their rights and must have the possibility, either individually or through their representative bodies, to initiate legal proceedings in order to ensure the effective protection of these rights. Measures must be taken to ensure that members of these peoples understand and can be understood in legal proceedings, with the assistance of an interpreter or other effective means if necessary.

Article 14 ... The rights of ownership and possession of the peoples concerned in the land they have settled from ancient times are to be recognized. In addition, in appropriate cases, measures must be taken to protect the right of the peoples concerned to use land that is not exclusively inhabited by them, but to which they have always had access for their self-sufficient and traditional activities . Particular attention should be paid to the situation of nomadic peoples and migrant farmers. ...

Article 15 ... The rights of the peoples concerned to the natural resources of their country must be protected in particular. These rights include the right of these peoples to participate in the use, management and conservation of these resources. ...

ratification

The Convention was passed on June 27, 1989 by the General Assembly (today: International Labor Conference) of the ILO and entered into force on September 5, 1991. So far it has only been ratified by 23 states (as of 2018; the date of ratification in brackets):

  • Mexico (1990)
  • Norway (1990)
  • Argentina (1991)
  • Bolivia (1991)
  • Colombia (1991)
  • Costa Rica (1993)
  • Paraguay (1993)
  • Peru (1994)
  • Honduras (1995)
  • Denmark (1996)
  • Guatemala (1996)
  • Ecuador (1998)
  • Fiji (1998)
  • Netherlands (1998)
  • Brazil (2002)
  • Dominica (2002)
  • Venezuela (2002)
  • Nepal (2007)
  • Spain (2007)
  • Chile (2008)
  • Nicaragua (2010)
  • Central African Republic (2010)
  • Luxembourg (2018)

Significant states in which indigenous peoples live, such as Canada, the USA, Russia, China, Sweden, Finland and Australia, have not yet committed to the agreement.
On October 17, 2012, the SPD and the Greens failed in the Bundestag committee for economic cooperation and development with the application for ratification of the convention by Germany. The government coalition of the CDU / CSU and FDP rejected the application, referring to possible liability and litigation risks for German companies.

literature

  • Ecumenical Committee for Indian Issues (ed.): Human rights of the Indians. Working meeting of the Ecumenical Committee for Indian Questions from December 6th to 9th, 1977 in Arnoldshain. Texts of the conference and additional documents . Hamburg 1978 (contains contributions to the history of the 1989 agreement).

Web links

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  1. ↑ a b Convention 169 - Convention on Indigenous and Tribal Peoples in Independent Countries, 1989. In: ilo.org. Retrieved November 26, 2017 .
  2. ^ Ratifications of ILO conventions: Ratifications by Convention: Ratifications of C169. Accessed June 1, 2020 .
  3. ↑ The SPD and the Greens fail with their motion to strengthen the rights of indigenous peoples. In: Today in the Bundestag (hib). October 17, 2012, archived from the original on October 4, 2013 ; accessed on September 5, 2016 .