Indigenous and Tribal Peoples Convention, 1989
The Convention on Indigenous and Tribal Peoples in Independent Countries ( Indigenous and Tribal Peoples Convention ) is an International Labour Organization ( ILO). Meanwhile, short- term " ILO 169 " results from the fact that it is the 169th Convention of the ILO since its foundation in 1919. It is so far the only international standard that guarantees the indigenous peoples of the world legally binding protection and are entitled to a variety of fundamental rights.
Intent and meaning
In 44 articles guaranteed the "Convention on Indigenous and Tribal Peoples in Independent Countries " fundamental rights of indigenous peoples. The total number of members of indigenous peoples is estimated to be about 350 million people in over 70 countries. Your often millennia-old cultures usually distinguished by their special relationship with the nature of the dominant Western culture. However, their livelihoods, land and human rights, customs, values and customary laws are now more vulnerable and more. Political and economic interests that seem inevitable in the wake of globalization, threaten the livelihoods of many indigenous peoples.
Consequently, the Convention No. 169 is reminiscent of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the many international instruments on the prevention of discrimination. It recognizes the aspirations of these peoples to exercise within the framework of the States in which they live, control of their bodies, their lifestyle and their economic development and to preserve their identity, language and religion, and to develop.
Excerpts
Article 2 ... It is the responsibility of governments to develop, with the participation of the peoples concerned, coordinated and well-planned measures to protect the rights of these peoples and to guarantee respect for their integrity. ...
Article 3 ... The indigenous or tribal peoples must enjoy the full enjoyment of human rights and fundamental freedoms without hindrance or discrimination. The provisions of the Convention shall be applied without discrimination to male and female members of these peoples. ...
Article 4 ... These special measures (to protect the nations ) shall not be contrary to the freely expressed wishes of the peoples concerned. ...
Article 8 ... In applying national laws and regulations to the peoples concerned, their customs or their customary law shall be given due. ...
Article 9 ... The criminal practices of these peoples shall be taken by the competent authorities and courts considered. ...
Article 12 The peoples concerned shall be protected against the abuse of their rights and must have the opportunity, either individually or through their representative bodies to initiate legal proceedings in order to ensure the effective protection of these rights. There are to take measures to ensure that members of these peoples understand in a court case and can be understood, if necessary with the help of an interpreter or by other effective means.
Article 14 ... The rights of ownership and possession of the peoples concerned to the of them from time immemorial populated country are recognized. In addition, in appropriate cases, measures must be taken to protect the right of the peoples concerned to use land that is not exclusively occupied by them, but for which it serves in terms of their self-supply and have their traditional activities from time immemorial access. Particular attention should be paid to this respect the situation of nomadic peoples and shifting cultivators. ...
Article 15 ... The rights of the peoples concerned to the natural resources pertaining to their lands shall be specially protected. These rights include the right of these peoples to participate in the use, management and conservation of these resources. ...
Ratification
The Convention was approved by the General Assembly on 27 June 1989: Adopted (now ILC ) of the ILO and entered into force on 5 September 1991. Ratified it has so far only by 22 countries (as of November 2012; provided in parentheses to the date of ratification ): Argentina (1991 ), Bolivia (1991 ), Brazil (2002 ), Chile (2008), Colombia (1991 ), Costa Rica ( 1993), Denmark ( 1996), Dominica (2002), Ecuador (1998), Fiji (1998), Guatemala (1996 ), Honduras (1995); Mexico ( 1990), Nepal (2007), The Netherlands ( 1998), Nicaragua (2010 ), Norway ( 1990), Paraguay (1993 ), Peru (1994 ), Spain ( 2007), Venezuela ( 2002), CENTRAL AFRICAN Republic ( 2010).
Major States in which indigenous peoples live, such as Canada, the U.S., Russia, China, Sweden, Finland and Australia, have not been known to the Convention. On October 17, 2012 SPD and the Greens failed in the Bundestag in the Committee on Economic Cooperation and Development with the request for ratification of the Convention by Germany. The governing coalition of CDU / CSU and FPD rejected the application by reference to potential liability and litigation risks for German companies.