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"ILO: Convention No 169 (1989) Concerning Indigenous and Tribal Peoples in Independent Countries (entry into force 1991)" [2005] ELECD 259; in Tully, Stephen (ed), "International Documents on Corporate Responsibility" (Edward Elgar Publishing, 2005)

Book Title: International Documents on Corporate Responsibility

Editor(s): Tully, Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843768197

Section: Chapter 36

Section Title: ILO: Convention No 169 (1989) Concerning Indigenous and Tribal Peoples in Independent Countries (entry into force 1991)

Number of pages: 3

Extract:

36. ILO: Convention No 169 (1989) Concerning
Indigenous and Tribal Peoples in Independent
Countries (entry into force 1991)

Commentary: This Convention was formulated by the FAO, UNESCO, WHO
and the Inter-American Indian Institute and is intended to remove the `assimilationist
orientation' of ILO Convention No 107 (1957) and Recommendation No 104 (1957)
concerning Indigenous and Tribal Populations. In addition to extracts below, the
Convention also contains provisions with respect to inter alia enjoying human rights
without discrimination (Article 3), special protective measures (4), respect for social,
cultural, religious and spiritual values (5), independent economic, social and cultural
development (including improving conditions of work and life, conducting social, spir-
itual, cultural and environmental impact assessments and environmental protection)
(7), due regard for local customs or customary laws (8), recognising cultural and spir-
itual relationships with territory (13), relocation and compensation (16), transmitting
land rights (17), national agrarian programmes (19), health services (25) and educa-
tional programmes (27). Provisions of commercial interest pertain to land ownership
(including natural resources), employment conditions, handicrafts and rural industries.
See also, Sub-Commission on Prevention of Discrimination and Protection of
Minorities Resolution 1990/26; UNCTC (1994), `Discrimination against indigenous
peoples, transnational investments and operations on the lands of indigenous
peoples'. For academic commentary, see Macklem P. (2001), `Indigenous rights and
MNCs at international law', Hastings International and Comparative Law Review, 24 (3),
475­84; Wagner M. (2001), `The international legal rights of indigenous peoples
affected by natural resource exploitation: a brief case study', Hastings International ...