Context
In addition to universal human rights, indigenous peoples also have a claim to indigenous rights. In 1989, the General Conference of the International Labour Organisation (ILO) agreed on a ‘convention concerning indigenous and tribal peoples in independent countries’ (Convention No. 169). Extensive collective rights, for example cultural and territorial rights, are anchored in this convention along with the right to free, prior and informed consent with respect to policies and programmes that affect them, and also the right of self-determination. In 2007, these rights were extended and broadened further through the declaration of the United Nations on the rights of indigenous peoples.
The ILO No. 169 convention has been ratified by almost all Latin American countries and its contents have also been anchored in some cases in new constitutions; but the systematic implementation of the convention still poses major challenges for many countries. Progress has been made with respect to the legal recognition of indigenous territories, but the implementation of state support for indigenous self-administration is making only slow progress.
Also with respect to the sustainable utilisation of natural resources, indigenous territories find themselves under significant pressure as states give priority to the exploitation of natural resources without considering the possible negative impact on the environment and cultural diversity. The indigenous peoples affected often receive little benefit from natural resources. Conflicts can emerge between communities, private companies and public authorities, particularly where a state reserves for itself the right to distribute strategic concessions without giving due consideration to indigenous groups’ objections and without agreeing to share the resulting profits with them.
Only too rarely do nations use their own policy approaches and sufficiently specialised institutions to address major challenges.
Objective
To improve the foundations for respecting, protecting and ensuring the rights of indigenous peoples, and particularly their territorial rights.