Indigenous Peoples, Constitutional States and Treaties or Other Constructive Arrangements between Indigenous Peoples and States

By René Kuppe; Richard Potz | Go to book overview

HISTORICAL ANOMALIES, CONTEMPORARY
CONSEQUENCES:
INTERNATIONAL SUPERVISION OF THE ILO-
CONVENTION ON INDIGENOUS AND TRIBAL
PEOPLES (No. 169)*

Luis Rodríguez-Piñero


I. Introduction

More than ten years after coming into force, the International Labour Organization (ILO) Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169)1 has been celebrated, reflected upon and evaluated in light of its important role regarding the recognition and protection of the rights of indigenous peoples in the present international legal system.2 Convention 169 has had a tremendous

* Research for the drafting of this Article was possible thanks to a research grant at the Center for Research and Study on Social Anthropology (CIESAS), Mexico City, within the framework of the Programme for Grants for Foreign Students of the Secretary of Foreign Relations, Government of Mexico

1 Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169), adopted by the 76th Session of the International Labour Conference, Geneva, June 27, 1989 (entered into force Sept. 5, 1991) [hereinafter, ‘Conv 169’]. As for this writing, the list of states parties to Conv 169 is as follows: Argentina (2000), Brazil (2002), Bolivia (1991), Colombia (1991), Costa Rica (1993), Dominica (2002), Denmark (1996), Ecuador (1998), Fiji (1998), Guatemala (1996), Honduras (1995), Mexico (1990), Norway (1990), The Netherlands (1998), Paraguay (1993), Peru (1994), Venezuela (2002).

2 Scholarly work on Conv 169 from an international legal perspective is still limited. See, generally, S. James Anaya, ‘Indigenous Rights Norms in Contemporary International Law’ 8 Arizona Journal of International and Comparative Law 1, 1991, at 6-15; Indigenous Peoples in International Law (Oxford, Oxford University Press, 1996), 47-54; Russel Barsh, ‘Revision of ILO Convention No. 107’ 81 American Journal of International Law 756, 1987; ‘Making the Most of ILO Convention No. 169’ Cultural Survival, Spring 1994, 45; ‘An Advocate’s Guide to the Convention on Indigenous and Tribal Peoples’ 209 Oklahoma City University Law Review 15, 1990; Howard H. Berman, ‘The ILO and Indigenous Peoples: Revision of Convention No. 107’ 41 International Commission of Jurists: The Review 58, 1988; B.K. Roy Burman, ‘“Indigenous” & “Tribal” Peoples and the (JN & International Agencies’ Rajiv Gandhi Institute for Contemporary Studies Papers No. 27, 1995; Scott Leckie, indigenous peoples, Recent Developments in the International Labour Organization’ 16 Studie-en Informatiecentrum Mensenrechten 22, 1986; Natan Lerner, ‘The 1989 ILO Convention on Indigenous Populations: New standards?’ in Y. Dinstein & M. Tabory (eds.), The Protection of Minorities and Human Rights (London, Martinus Nihjof, 1992); Lee Swepston, ‘A New Step in the International Law on Indigenous and Tribal Peoples: ILO Convention No.

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