ILO
Convention concerning Indigenous and Tribal Peoples in Independent Countries
Adopted
on 27 June 1989 by the General Conference of the International Labour
Organisation at its seventy-sixth
session entry into force 5 September 1991.
Some
Basic Features of the Convention:
*Governments shall have the responsibility for developing, with the
participation of the peoples concerned, co-ordinated and systematic
action to protect the rights of indigenous peoples and to guarantee
respect for their integrity.
*Government shall responsible for promoting the full realisation of
the social, economic and cultural rights of these peoples with respect
for their social and cultural identity, their customs and traditions
and their institutions;
*Government shall assist the members of the peoples concerned to eliminate
socio-economic gaps that may exist between indigenous and other members
of the national community, in a manner compatible with their aspirations
and ways of life.
*Indigenous and tribal peoples shall enjoy the full measure of human
rights and fundamental freedoms without hindrance or discrimination.
*The social, cultural, religious and spiritual values and practices
of indigenous peoples shall be recognised and protected, and due account
shall be taken of the nature of the problems which face them both as
groups and as individuals.
*Governments shall consult the peoples concerned, through appropriate
procedures and in particular through their representative institutions,
whenever consideration is being given to legislative or administrative
measures which may affect them directly.
*Government shall establish means by which these peoples can freely
participate, to at least the same extent as other sectors of the population,
at all levels of decision-making in elective institutions and administrative
and other bodies responsible for policies and programmes which concern
them.
*The indigenous peoples shall have the right to decide their own priorities
for the process of development as it affects their lives, beliefs, institutions
and spiritual well-being and the lands they occupy or otherwise use,
and to exercise control, to the extent possible, over their own economic,
social and cultural development. In addition, they shall participate
in the formulation, implementation and evaluation of plans and programmes
for national and regional development which may affect them directly.
*Governments shall take measures, in co-operation with the peoples concerned,
to protect and preserve the environment of the territories they inhabit.
*In applying national laws and regulations to the peoples concerned,
due regard shall be given to their customs or customary laws.
*Indigenous peoples shall have the right to retain their own customs
and institutions, where these are not incompatible with fundamental
rights defined by the national legal system and with internationally
recognized human rights. Procedures shall be established, whenever necessary,
to resolve conflicts which may arise in the application of this principle.
*Indigenous people shall be safeguarded against the abuse of their rights
and shall be able to take legal proceedings, either individually or
through their representative bodies, for the effective protection of
these rights. Measures shall be taken to ensure that members of these
peoples can understand and be understood in legal proceedings, where
necessary through the provision of interpretation or by other effective
means.
*The rights of ownership and possession of the peoples concerned over
the lands which they traditionally occupy shall be recognised. In addition,
measures shall be taken in appropriate cases to safeguard the right
of the peoples concerned to use lands not exclusively occupied by them,
but to which they have traditionally had access for their subsistence
and traditional activities.
*The rights of the peoples concerned to the natural resources pertaining
to their lands shall be specially safeguarded. These rights include
the right of these peoples to participate in the use, management and
conservation of these resources.
*Governments shall, within the framework of national laws and regulations,
and in co-operation with the peoples concerned, adopt special measures
to ensure the effective protection with regard to recruitment and conditions
of employment of workers belonging to these peoples, to the extent that
they are not effectively protected by laws applicable to workers in
general.
*Governments shall do everything possible to prevent any discrimination
between workers belonging to the peoples concerned and other workers,
in particular as regards:
*Social security schemes shall be extended progressively to cover the
indigenous peoples and applied without discrimination against them.
*Governments shall ensure that adequate health services are made available
to the peoples concerned, or shall provide them with resources to allow
them to design and deliver such services under their own responsibility
and control, so that they may enjoy the highest attainable standard
of physical and mental health.
*Measures shall be taken to ensure that members of the peoples concerned
have the opportunity to acquire education at all levels on at least
an equal footing with the rest of the national community.
*Governments shall take appropriate measures, including by means of
international agreements, to facilitate contacts and co-operation between
indigenous and tribal peoples across borders, including activities in
the economic, social, cultural, spiritual and environmental fields.
