Good practices for implementing Convention No. 169

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Good practices for implementing

Convention No. 169

Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Some main principles

• Consultation and participation

• Coordinated and systematic action

• Flexibility in implementation

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Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Implementation mechanisms

C.169 requires:• Special measures to

safeguard institutions, culture, environment ...

• Agencies and appropriate mechanisms - with necessary means

• Resources and means to develop IPs’ own institutions and initiatives

Some necessary considerations:

• Coordinating body for government mainstreaming

• Constitution and legislation

• PRS/Sector policies• Inclusive institutions• Targeted groups and

areas (vulnerability)

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Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Lessons learned: implementation

• Long-term process• Need to prioritise• Link research, planning, implementation,

monitoring and reporting• Design mechanisms• Build capacity• Involve all partners

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Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Consultation and participation: An obligation of the State

Specific mechanisms – within a culture of consultation

• Representation in Parliament and in local governance institutions

• Consultative bodies and inclusion of IP bodies

• Legislation on specific consultations

Constructive rather than defensive mechanism

Whenever:• Legislative and

administrative measures • Special measures • National and regional

plans and programmes• Management or

exploitation of natural resources

• Transmission of land rights and relocation

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Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Recognition of ownership/user rights to traditional lands/territories

• Identification of lands, titling and recognition of rights, resolution of land claims, restitution

• Complexity of rights and diversity of modalities (collective/individual)

• Inclusive and area-based approach

• Resources and institutional capacity

• Transparency and benchmarks

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Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Eliminate socio-economic gaps

• Health: Equal acces and traditional practices

• Education: Equal access and bilingual-intercultural education

• Vocational training: Equal access and special measures (bilingual teachers, health workers…)

• Employment and occupation: Equal access and support to traditional occupations

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Indigenous and Tribal Peoples | www.ilo.org/indigenous | www.pro169.org

Data and indicators

• Lack of data – invisibility in national statistics, mobility of identity

• Census and disaggregating data related to existing indicators (e.g. MDG, EFA)

• Specific indicators and data gathering: E.g., vulnerable groups, land rights…

• Benchmarks for implementation of Convention No. 169

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