Relevant bibliographies by topics / Indigenous and Tribal Peoples in Independent Countries Convention

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Academic literature on the topic 'Indigenous and Tribal Peoples in Independent Countries Convention'

Author: Grafiati
Published: 4 June 2021
Last updated: 9 February 2022

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Journal articles on the topic "Indigenous and Tribal Peoples in Independent Countries Convention"

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Yupsanis, Athanasios. "ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries 1989–2009: An Overview." Nordic Journal of International Law 79, no. 3 (2010): 433–56. http://dx.doi.org/10.1163/157181010x512576.

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AbstractOn 27 June 1989, by a majority of 328 votes for, one against and 49 abstentions, the International Labour Conference adopted the Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries, which came into force on 5 September 1991. Twenty years later, the Convention remains the only modern international legally binding instrument containing a series of novel provisions specifically devoted to the rights of indigenous peoples with a view to recognising, protecting and promoting their distinct identity. Despite its shortcomings and its few ratifications (just 20), the Convention has proved to be a significant departure for the defence and strengthening of indigenous rights at national, regional (especially that of Latin America) and universal level.
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Langford, Malcolm, and Peris Jones. "Between Demos and Ethnos: The Nepal Constitution and Indigenous Rights." International Journal on Minority and Group Rights 18, no. 3 (2011): 369–86. http://dx.doi.org/10.1163/157181111x583332.

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AbstractThis article examines the contested reception of the Convention concerning Indigenous and Tribal Peoples in Independent Countries (“ILO Convention 169”) in Nepal, particularly in the context of current constitutional reform and post-conflict economic development. Compelling evidence suggests that exclusionary political institutions, laws and structures have been the major cause of exclusion in contemporary Nepal. While Nepal is home to a range of different ethnic, language, religious and caste-based groups, the Adivasi Janajati (around 37 per cent of the population) consider themselves indigenous peoples. With such a sizeable minority, Nepal was the first and so far only Asian country to ratify the ILO Indigenous and Tribal Peoples Convention 169, which has considerable significance in a context of state restructuring and the accommodation of indigenous rights. The form of recognition of indigenous rights in the constitutional drafting process has created much heat, particularly over questions of autonomy and federalism, control over natural resources and land and quotas for political representation, but with less light concerning political consensus. The ILO Convention 169 has figured prominently in this process with various interpretations by different actors. Reconciling international meanings of this treaty with national interpretations used for political purposes in Nepal foregrounds a paradox existing between liberalism (in the form of rights and freedoms) and equality (democracy). Through a range of disciplinary methods, this article analyses the background to indigenous demands, the political and legal contestation over the interpretation of ILO 169 and the specific case of natural resources.
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Courtis, Christian. "Notes on the Implementation by Latin American Courts of the ILO Convention 169 on Indigenous Peoples." International Journal on Minority and Group Rights 18, no. 4 (2011): 433–60. http://dx.doi.org/10.1163/157181111x598345.

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AbstractThis article presents some emblematic cases of the application of the International Labour Organization (ILO) Convention 169 Concerning Indigenous and Tribal Peoples in Independent Nations by Latin American courts. I chose a small number of cases that cover diverse topics and represent different countries in the region, as well as the regional court of human rights – the Inter-American Court of Human Rights. It is clear that there has been considerable experience in the application of Convention 169 in Latin America, with some countries having developed important jurisprudence through a significant number of judgments in the field. Therefore, this work makes no pretence of being an exhaustive review of the material: the perspective adopted is simply to select a handful of cases, based on the novelty of interpretation offered or on the relevance of its consequences. Before outlining the cases, I make some preliminary clarifications that may be useful in explaining the material presented here, and the context in which they should be understood.
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Ravna, Øyvind. "The First Investigation Report of the Norwegian Finnmark Commission." International Journal on Minority and Group Rights 20, no. 3 (2013): 443–57. http://dx.doi.org/10.1163/15718115-02003005.

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The Alta case and the Sámi struggle for “rights to lands and waters” put political pressure on the Norwegian government to broadly explore the rights of the indigenous Sámi people to such resources. Both Norway’s ratification of the International Labour Organization (ILO) Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries in 1990, and the 2005 Finnmark Act are results of that exploration. To meet the obligations Norway undertook by signing the ILO Convention, the Finnmark Act authorises the Finnmark Commission to investigate land rights held by Sámi and other people in the most central part of Sámi areas in Norway. In March 2012, the Commission submitted its first report, which is the first specific legal clarification of a particular area after 30 years of examinations and discussions of Sámi rights. The report is therefore met with high expectations. This article analyses the main findings of the Commission, including the interpretation of its mandate and thus also Norway’s obligations in regards to the ILO Convention. The article concludes with reflections as to whether the investigation fulfils Norway’s commitments to identify and recognise the lands of the Sámi, both under national and international law.
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Ravna, Øyvind. "The Fulfilment of Norway’s International Legal Obligations to the Sámi – Assessed by the Protection of Rights to Lands, Waters and Natural Resources." International Journal on Minority and Group Rights 21, no. 3 (August 19, 2014): 297–329. http://dx.doi.org/10.1163/15718115-02103001.

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During the two last decades of the 20th century, Norway has undertaken several commitments pursuant to international law that protect Sámi lands, culture, language and way of life. Norway’s 1988 constitutional amendment framed after the International Covenant on Civil and Political Rights (ICCPR) Article 27 and the ratification of the International Labour Organization (ILO) Convention no. 169 concerning Indigenous and Tribal Peoples in Independent Countries in 1990 are the most prominent of these. The adoption of the 1999 Norwegian Human Rights Act incorporating the ICCPR as internal Norwegian law should also be mentioned. This article examines how Norway complies with the international legal obligations the country has undertaken to protect the indigenous Sámi culture, in relation to land-based renewal resources, marine resources, and mineral resources.
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Joona, Tanja. "International Norms and Domestic Practices in Regard to ILO Convention No. 169 ‐ with Special Reference to Articles 1 and 13‐19." International Community Law Review 12, no. 2 (2010): 213–60. http://dx.doi.org/10.1163/187197310x498606.

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AbstractInternational organizations are considered to be central actors on the stage of world politics. They are not simply passive collections of rules or structures through which others act. Rather, they are considered to be active agents of global change. International organizations are often the actors to whom we defer when it comes to defining meanings, norms of good behaviour, the nature of social actors, and categories of legitimate social action in the world. The article has an interdisciplinary approach to the International Labour Organisation (ILO) and its Convention No. 169 concerning Indigenous and Tribal Peoples in Independent countries. The approaches of international relations and international law helps explain the power the ILO exercises in national and world politics. These insights are illustrated by exploring why state agents comply with norms promoted by the regime of ILO Convention No. 169. The article briefly introduces the historical approach of the ILO to indigenous issues and the complexity related to the concept of indigenousness; the highly relevant debate when states are considering the ratification of the Convention and even when implementing it. The Committee of Experts on the Application of Conventions and Recommendations (CEACR) in the ILO structure is the most central body guiding the States to normative and political changes in their domestic practices. It is argued that the Committee is using its authority and power through the normative regime and its supervisory mechanisms, and therefore is also interpreting the Convention. The system as a whole has effects on traditional state sovereignty and the demands of indigenous peoples’ right to self-determination. The research questions focuses also on the compliance, implementation and effectiveness of international Conventions. The article has a Nordic approach with comparison to different approaches related to Article 1 dealing with the subjects/objects of the Convention and also different land right situations (Articles 13‐19) especially in Latin America.
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Ashukem, Jean Claude N. "INCLUDED OR EXCLUDED: AN ANALYSIS OF THE APPLICATION OF THE FREE, PRIOR AND INFORMED CONSENT PRINCIPLE IN LAND GRABBING CASES IN CAMEROON." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (September 12, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1222.

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Even though the principle of free, prior and informed consent (FPIC) is soft law, the need to respect, protect and fulfil the rights to be informed and to be involved in development projects is strongly backed in international legal instruments including inter alia the ILO Convention 169 Concerning Indigenous and Tribal People in Independent Countries (1998) and the UN Declaration on the Rights of Indigenous and Tribal People (2007). These instruments do not only appear to be the most comprehensive and advanced international legal instruments that deal with indigenous peoples' rights in terms of the FPIC, but also signal an addition to the growing body of international human rights law that serves to ensure the realisation and protection of the substantive environmental and other human rights of indigenous people, particularly in the context of land grabbing activities that have the potential to negatively impact on their rights. Such rights include, for example, the rights to be informed and to participate in decision-making processes with respect to development projects, including land grabbing activities. This implies an obligation on states party to such international agreements to ensure that indigenous people are informed about and are actively involved in both the negotiation and the implementation of land grabbing deals. However, because the latter often takes place against the background of non-transparent transactions which are inimical to the rights and interests of indigenous people, one may wonder why the principle of FPIC is not applicable during land grabbing transactions.Focusing on Cameroon, this article examines instances of land grabbing in the country in order to support this hypothesis. This is done by focusing specifically on the application of the principle of FPIC. The arguments in the article are inspired by international law in which the application of the principle in the context of land grabbing serves not only to protect the rights and interests of indigenous people but is also conducive to fostering and reinforcing the land governance regime of host countries involved in such deals. To this end, the article concludes that because the principle embodies aspects of procedural rights such as the rights to information and participation, which are often conspicuously lacking during land grabbing contracts, its application in and during land grabbing might be useful to set the basis for the recognition, promotion, and enforcement of local communities' rights in Cameroon.
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Fitzmaurice, Malgosia. "Tensions Between States and Indigenous People over Natural Resources in light of the 1989 ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries and the 2007 UN Declaration on the Rights of Indigenous Peoples (including relevant national legislation and case-law)." Yearbook of Polar Law Online 4, no. 1 (2012): 227–60. http://dx.doi.org/10.1163/22116427-91000092.

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Ormaza, Maria Victoria Cabrera, and Martin Oelz. "The State’s Duty to Consult Indigenous Peoples: Where Do We Stand 30 Years after the Adoption of the ilo Indigenous and Tribal Peoples Convention No. 169?" Max Planck Yearbook of United Nations Law Online 23, no. 1 (December 3, 2020): 71–108. http://dx.doi.org/10.1163/18757413_023001004.

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ILO Convention No. 169 remains the only treaty open for ratification specifically and exclusively dedicated to the promotion and protection of indigenous peoples’ rights. Its cornerstone is the State’s duty to consult indigenous peoples. This article presents the history of the emergence of the duty to consult indigenous peoples in ILO Convention No. 169, its normative content and related guidance from the ILO supervisory bodies. It further examines developments with regard to this duty in the UN and the Inter-American systems and explores the relationship between such developments and ILO Convention No. 169. The paper revisits State practice of countries that have ratified that Convention, illustrating progress and challenges relating to the implementation of regulatory frameworks for consultation with indigenous peoples.
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Gladun, Elena, and Gennady Chebotarev. "Participation of the Northern Indigenous Peoples in the Management of the Russian Arctic Territories and Its Legal Protection." NISPAcee Journal of Public Administration and Policy 8, no. 1 (June 1, 2015): 111–33. http://dx.doi.org/10.1515/nispa-2015-0006.

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Abstract The paper is an overview of the participation of the northern indigenous peoples in the public management of the Arctic territories in Russia. Different forms of participation are described, and most attention is paid to the co-management of the governments and the indigenous peoples when their mutual aim is protecting the Arctic and its natural landscapes in the period of extensive industrial development. The principle objective of the paper is to analyze the international and national legal regulations and to show some effective legal mechanisms through which participation can be developed in Russia. The authors study definitions of participation, the main international principles of participation and give a deep analysis of the legislation of the Russian Federation, which provides the framework for indigenous participation. Much attention is paid to the legislation of the federative regions of Russia which are inhabited by the northern indigenous peoples. Mostly the authors study the example of the Yamalo-Nenets Autonomous Area, the Arctic area of Russia with the biggest gas reserves, inhabited by the Nenets. The first conclusion made in the paper is that the Arctic countries must not only prioritize the exploitation of rich Arctic resources, but also be aware that the Arctic is primarily the home and the area of the traditional lifestyle and occupations of the northern indigenous peoples who have lived there for a long time. The northern indigenous peoples are interested in cooperation with the governments according to their traditional values and knowledge; they want to be involved in the decision-making process and management of their territories and resources. The second conclusion is that a patchwork of federal laws regulating indigenous issues in Russia does not grant any special rights that let the northern indigenous peoples participate in the decision-making process concerning the lands and resources in the Arctic areas. The federal government mostly implements the concept of paternalism but not the concept of participation. The federative regions in their regulations provide considerably more opportunities for participation. However, the regions are quite restricted by the federal legislation. The regulations are fragmentary on both the federal and the regional levels, there is no system of public authorities providing for consultation, cooperation, agreements and other forms of indigenous participation. Moreover, in Russia there is very little experience in the realization of the participation of the Arctic territories and resources. The third, and most important, conclusion is that participation in the management of the Arctic territories should become a new element of the Russian Arctic policy. From this perspective it is necessary to ratify and sign two international documents – Indigenous and Tribal Peoples Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples – and to incorporate the basic principles of participation into the Russian federal legislation. Also it is vital to establish a specialized federal body on indigenous issues with a special focus on the northern indigenous peoples. Lastly, the legal and administrative capabilities of regions and local authorities should be increased, and the regional and local bodies should be vested with the power to involve indigenous peoples in the management of the northern territories.
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Books on the topic "Indigenous and Tribal Peoples in Independent Countries Convention"

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Britain, Great. Presentation and proposed action by Her Majesty's Government in the United Kingdom and Northern Ireland of Indigenous and Tribal Peoples in Independent Countries Convention 1988 (no. 169). London: HMSO, 1990.

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Book chapters on the topic "Indigenous and Tribal Peoples in Independent Countries Convention"

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"Convention Concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169)." In International Human Rights Law Documents, 508–19. Cambridge University Press, 2018. http://dx.doi.org/10.1017/9781316677117.060.

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"15. ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries." In Economic, Social, and Cultural Rights, 156–66. University of Pennsylvania Press, 2006. http://dx.doi.org/10.9783/9780812205381.156.

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Jacinta, Ruru. "Part VI Actors, Ch.42 Indigenous Peoples." In The Oxford Handbook of International Environmental Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198849155.003.0042.

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This chapter highlights Indigenous peoples and international environmental law. There is a myriad of international instruments and commitments that presently incorporate some recognition of Indigenous peoples. The chapter provides a broad overview of some of these milestones in international environmental law to demonstrate the general tenor of how these instruments are purporting to encompass (or not) Indigenous peoples' aspirations for self-determination in caring for the environment. It first reflects on Indigenous peoples' law. The chapter then considers the development of rights of Indigenous peoples at international law, focusing on the International Labour Organization's (ILO) 1989 Convention concerning Indigenous and Tribal Peoples in Independent Countries and the 2007 United Nations (UN) Declaration on the Rights of Indigenous Peoples. It concludes that international environmental law is simply at the early stages of recognizing the aspirations of Indigenous peoples.
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"No. 28383. Convention (No. 169) concerning indigenous and tribal peoples in independent countries. Adopted by the General Conference of the International Labour Organisation at its seventy-sixth session, Geneva, 27 June 1989." In United Nations Treaty Series, 238–39. UN, 2001. http://dx.doi.org/10.18356/fc7a8e3e-en-fr.

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"No. 28383. Convention (No. 169) concerning indigenous and tribal peoples in independent countries. Adopted by the General Conference of the International Labour Organisation at its seventy-sixth session, Geneva, 27 June 1989." In United Nations Treaty Series, 616–17. UN, 2001. http://dx.doi.org/10.18356/95e1f165-en-fr.

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"No. 28383. Convention (No. 169) concerning indigenous and tribal peoples in independent countries. Adopted by the General Conference of the International Labour Organisation at its seventy-sixth session, Geneva, 27 June 1989." In United Nations Treaty Series, 766. UN, 2001. http://dx.doi.org/10.18356/c3e8acd5-en-fr.

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