The Foundations of Modern International Law on Indigenous and Tribal Peoples

The Preparatory Documents of the Indigenous and Tribal Peoples Convention, and Its Development through Supervision. Volume 2: Human Rights and the Technical Articles

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Also available as a print set of two, see isbn 9789004373754
The International Labour Organization is responsible for the only two international Conventions for the protection of the rights and cultures of indigenous and tribal peoples - the Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced it, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions by the ILO, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject. In writing this two-volume study, he foregoes a strict “travaux” approach, and discusses the organizational precedents and the subsequent practice under these instruments. The supervision of the application of these Conventions is very largely unknown in the wider human rights community, and even in the more specialized “indigenous community” that forms a special subset of human rights activists. This guide may be of some help in redressing that situation.

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Biographical Note
Lee Swepston is the Former Senior Advisor on Human Rights of the International Labour Office (ILO), and is now a teacher (University of Lund, Sweden and Raoul Wallenberg Institute, inter alia) and consultant. He attended the University of North Carolina at Chapel Hill and took his Juris doctor degree at Columbia University in New York. He joined the ILO in 1973, where his posts included being Regional Adviser on International Labour Standards in Africa, Human Rights Coordinator and Chief of the Equality and Employment Branch. He has written numerous books and articles on various aspects of human rights and international labour law, forced labour and child labour, freedom of association, discrimination, HIV and AIDS, migrant workers and indigenous and tribal peoples. His latest work includes a textbook on international labour law and human rights, and the first volume of the present book.

From 1973 until 2004 he was responsible in the ILO for the supervision of the Indigenous and Tribal Populations Convention, 1957 (No. 107) and for participating for the ILO in international discussions on this emerging issue. He was also responsible in the ILO for the adoption of the Indigenous and Tribal Peoples Convention, 1989 (No. 169) and for its supervision for the first 15 years after its adoption. He remains concerned with promoting the implementation and further ratification of the Convention.
Table of contents
Introduction

Part 1: Introductory Materials


 A Contents of This Volume
 B How the ILO Adopts Standards
  1  Tripartism
  2  Adoption Process
  3  Voting in the ILO Conference
 C Supervision of the Application of ILO Standards
  1  Regular Supervisory Mechanism
  2  Complaint Procedures
   a Representations under Article 24 of the ILO Constitution
   b Complaints under Article 26 of the ILO Constitution
 D Citation of Materials in This Volume
  1  Supervisory Comments
  2  Preparatory Materials
   a Office Reports and Written Consultations
   b Reports of Discussions in the International Labour Conference

Part 2: The Articles of Convention No. 169


1 Article 3 of Convention No. 169 – Human Rights and Fundamental Freedoms
 A Adoption of Convention No. 107
 B Adoption of Convention No. 169
  1  The 1988 Conference Discussion
  2  The 1989 Conference Discussion
 C Development through Supervision

2 Article 4 of Convention No. 169 – Special Measures
 A Adoption of Convention No. 107
 B Adoption of Convention No. 169
  1  The 1988 Conference Discussion
  2  The 1989 Conference Discussion
 C Development through Supervision

3 Article 5 of Convention No. 169 – Respect for Values, Practices and Institutions
 A Adoption of Convention No. 107
 B Adoption of Convention No. 169
  1  The 1988 Conference Discussion
  2  The 1989 Conference Discussion
 C Development through Supervision

4 Article 8 of Convention No. 169 – Customs and Customary Laws
 A Adoption of Convention No. 107
 B Adoption of Convention No. 169
  1  The 1988 Conference Discussion
  2  The 1989 Conference Discussion
 C Development through Supervision

5 Articles 9 and 10 of Convention No.169 – Dealing with Offenses, and Penalties
 A Adoption of Convention No. 107
 B Adoption of Convention No. 169
  1  The 1988 Conference Discussion
  2  The 1989 Conference Discussion
 C Development through Supervision of Articles 8, 9 and 10

6 Article 11 of Convention No. 169 – Compulsory Personal Services
 A Adoption of Convention No. 107
 B Adoption of Convention No. 169
  1  The 1988 Conference Discussion
  2  The 1989 Conference Discussion
 C Development through Supervision

7 Article 12 of Convention No. 169 – Right to Take Legal Proceedings
 A Adoption of Convention No. 107
 B Adoption of Convention No. 169
  1  The 1988 Conference Discussion
  2  The 1989 Conference Discussion
 C Development through Supervision

8 Article 20 of Convention No. 169 – Recruitment and Conditions of Work
 A Adoption of Convention No. 107
 B Adoption of Convention No. 169
  1  The 1988 Conference Discussion
  2  The 1989 Conference Discussion
 C Development through Supervision
  1  Supervision under Convention No. 169
  2  Supervision under Other ILO Conventions

9 Articles 21, 22 and 23 of Convention No. 169 – Vocational Training, Handicrafts and Rural Industries
 A Vocational Training
  1  Adoption of Convention No. 107
  2  Adoption of Convention No. 169
   a The 1988 Conference Discussion
   b The 1989 Conference Discussion
  3  Development through Supervision
 B Handicrafts and Rural Industries
  1  Adoption of Convention No. 107
  2  Adoption of Convention No. 169
   a The 1988 Conference Discussion
   b The 1989 Conference Discussion
  3  Development through Supervision

10 Articles 24 and 25 of Convention No. 169 – Social Security and Health
 A Social Security
  1  Adoption of Convention No. 107
  2  Adoption of Convention No. 169
   a The 1988 Conference Discussion
   b The 1989 Conference Discussion
  3  Development through Supervision
 B Health
  1  Adoption of Convention No. 107
  2  Adoption of Convention No. 169
   a The 1988 Conference Discussion
   b The 1989 Conference Discussion
  3  Development through Supervision

11 Articles 26 to 31 of Convention No. 169 – Education and Means of Communication
 A Different Contexts for the Adoption of the Two Conventions
  1  Adoption of Convention No. 107
  2  Adoption of Convention No. 169
 B Adoption of Each Article of Conventions Nos. 107 and 169
  1  Article 21 of C107 and Article 26 of C169
   a Article 21 of Convention No. 107
   b Article 26 of Convention No. 169
  2  Article 22 of C107 and Article 27 of C169
   a Article 22 of Convention No. 107
   b Article 27 of Convention No. 169
  3  Article 23 of C107 and Article 28 of C169
   a Article 23 of Convention No. 107
   b Article 28 of Convention No. 169
  4  Article 24 of C107 and Article 29 of C169
   a Article 24 of Convention No. 107
   b Article 29 of Convention No. 169
  5  Article 25 of C107 and Article 31 of C169
   a Article 25 of Convention No. 107
   b Article 31 of Convention No. 169
  6  Article 26 of C107 and Article 30 of C169
   a Article 26 of Convention No. 107
   b Article 30 of Convention No. 169
 C Concluding Comments on Education
 D Development through Supervision

12 Article 32 of Convention No. 169 – Contacts and Co-operation across Borders
 A Adoption of Convention No. 169

13 Article 33 of Convention No. 169 – Administration
 A Adoption of Convention No. 107
 B Adoption of Convention No. 169
  1  The 1988 Conference Discussion
  2  The 1989 Conference Discussion
 C Development through Supervision

14 Article 34 of Convention No. 169 – Flexibility of Application
 A Adoption of Convention No. 107
 B Adoption of Convention No. 169
  1  The 1988 Conference Discussion
  2  The 1989 Conference Discussion
 C Development through Supervision and Implementation

15 Concluding Comments

Appendices

 I Indigenous and Tribal Peoples Convention, 1989 (No. 169)
 II Indigenous and Tribal Populations Convention, 1957 (No. 107)
 III How the ILO Adopts Standards
 IV Major Documents Consulted and Citation in This Volume
 V Interpretation of Convention No. 169
Index
Index Card
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