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Tanja Joona

© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/187197310X498606 International Community Law Review 12 (2010) 213–260 I NTERNATIONAL C OMMUNITY L AW R EVIEW brill.nl/iclr International Norms and Domestic Practices in Regard to ILO Convention No. 169 – with Special Reference to Articles 1 and

Athanasios Yupsanis

Nordic Journal of International Law 79 (2010) 433–456 © Koninklijke Brill NV, Leiden, 2010 DOI 10.1163/157181010X512576 brill.nl/nord NORDIC JOURNAL OF INTERNATIONAL LAW ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries 1989–2009: An Overview Athanasios

Øyvind Ravna

possession of the peoples concerned over the lands” as ILO Convention No. 169, Article 14 prescribes since the common governance for the entire County implied that the Sámi Parliament was proposed to participate in governing all the former State lands, including the presumptive Norwegian coastal sector. 9

Øyvind Ravna

languages as formally equal to Norwegian. The same year the Conservative Syse government proposed ratification of the 1989 ILO Convention no. 169 concerning Indigenous and Tribal Peoples in Independent Countries. This was realized on 20 June 1990 and Norway became the first country worldwide to ratify the

The Requirement of Consultation with Indigenous Peoples in the ILO

Between Normative Flexibility and Institutional Rigidity

Maria Victoria Cabrera Ormaza

In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.

Alexandra Tomaselli

(hereinafter, ILO Convention No. 169), ratified by Chile on 15 September 2008 and entered into force one year later. The indigenous policy in Chile, however, may be described as an endless table tennis match between governments reasserting the Chilean national spirit, on the one hand, and the indigenous claims

Alfredsson

must not fall below existing minimum human rights standards under international law, including ILO Convention No. 169 and other indigenous and minority-specific rights in treaties, customary law and case-law. Access to procedural and other monitoring avenues at the national and international levels

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Stefan Kirchner

situation in the geographical part of Sápmi that lies within the borders of Finland. Finland is considering the ratification of the Nordic Saami Convention 5 and of ILO Convention No. 169. 6 ILO 169, which was adopted in 1989, remains the most important international treaty dealing with the rights of