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Author: 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

In: International Community Law Review

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

In: Nordic Journal of International Law

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.

In: Max Planck Yearbook of United Nations Law Online
Author: 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

In: International Journal on Minority and Group Rights
Author: 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

In: International Journal on Minority and Group Rights
Between Normative Flexibility and Institutional Rigidity
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.

(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

In: International Journal on Minority and Group Rights
Author: 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

In: Nordic Journal of International Law
Author: 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

In: Human and Societal Security in the Circumpolar Arctic