ILO Convention No. 169 on Indigenous and Tribal Peoples

Chapter 8 / Indigenous issues and development

This text box is referred to in the book as Box 8.1 (Page 151)

The International Labour Organisation’s Convention No. 169 on Indigenous and Tribal Peoples – normally simply referred to as ILO 169 – was adopted at the International Labour Conference held in Geneva in June 1989. The Convention observed that “in many parts of the world these peoples do not enjoy the fundamental human rights to the same degree as other members of the national societies to which they belong, and recognised their aspiration to exercise control of their own institutions, their own livelihood and their economic development.”[1]

The Convention “applies to tribal peoples in independent countries whose social, cultural and economic conditions distinguish them from other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions …”[2]

“The basic concepts of the Convention are respect and participation. Respect for the culture, spirituality, social and economic organisation and their identity, all constituting essential premises regarding the enduring nature of indigenous and tribal peoples. … Convention No. 169 also presumes that indigenous and tribal peoples are able to speak for themselves and to take part in the decision-making process as it affects them and that they have a right to take part in this decision-making process, …”[3]

In essence, the Convention recognises:

  • Land and property rights for indigenous peoples
  • Equality and liberty for indigenous peoples
  • Autonomy of indigenous peoples [4]

Only twenty-two nations have ratified the Convention. The following Central American nations have ratified the Convention:

  • Costa Rica ratified 1993
  • Guatemala ratified 1996
  • Honduras ratified 1995
  • Nicaragua ratified 2010
  • Panama pledged to ratify 2011.

[1] International Labour Organisation (ILO) Introduction to ILO Convention No. 169, www.ilo.org/public/english/region/ampro/mdtsanjose/indigenous/derecho.htm (accessed 16.08.09).
[2] Ibid.
[3] Ibid.
[4] Unrepresented Nations and Peoples Organisation (UNPO) (2009) ‘ILO Convention 169: 20 Years Later’, The Netherlands. www.unpo.org