Notes on the Implementation by Latin American Courts of the ILO Convention 169 on Indigenous Peoples

in International Journal on Minority and Group Rights
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Abstract

This 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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