Presentation on theme: "ILO Convention on Indigenous and Tribal Populations, 1957 (No.107)"— Presentation transcript:
1 ILO Convention on Indigenous and Tribal Populations, 1957 (No.107) How useful as a policy instrument?
2 Background First international convention on the subject Adopted in 1957 by ILO, with support of UN systemTo address ‘the social problems of indigenous and tribal populations (ITPs) in independent countries’Ratified by 27 countries (still binding on 18, including Bangladesh, India and PakistanGood protections (land and human rights) –but has integrationist approachRevised by Convention No. 169 in 1989
3 Status of C.107 today No longer open for ratification C.107 automatically denounced once a country ratifies C.169 (Argentina, Bolivia, Brazil, Colombia, Costa Rica, Ecuador, Mexico, Paraguay & Peru)Remains binding on countries which have ratified itReports on implementation of C.107 due every 5 years
4 C.107: integrationist approach in perspective Approach to development at the time of adoption was paternalistic, with integration being a major aimPioneering and progressive for its timeBUT…..Integrationist approach is no longer supported by the ILOProvisions relating to integration are regarded by the supervisory bodies as defunct and outdatedInternational law is dynamic and evolves over time with new understanding of issues
5 C.107 remains a valuable tool for protecting and promoting IPs’ rights Why?Many provisions are almost identical to the revised Convention, No. 169Provides strong safeguards, e.g., for land rightsUseful as a framework for IPs’ developmentProvides persuasive arguments for strengthening rights in countries that have ratifiedProvides legitimacy for ILO and other organizations to work on IP issues in ratifying countries
6 Summary of Convention No. 107 Aim:Progressive integration into national life (without forced assimilation)Protection of the populations concernedScope:Indigenous populationsTribal or semi-tribal populations (semi-tribal no longer relevant)Later developments:The concept of ‘self identification’ should now be considered
7 Issues addressedEquality and non-discrimination in employment and occupationMother tongue language instruction for childrenFreedom of associationImprovement of living and working conditionsPromotion and protection of social, economic and cultural rightsProtection from forced displacementProvision of health and social servicesRecognition of cultural and religious values and customary lawsRecognition of traditional land rights (collective and individual aspects)Special educational programmes
8 Progressive application needed Apply key provisions in light of the approach of Convention No. 169:E.g. empowerment not integrationRight-based not welfare-based approachAim is to improve living and working conditionsin this way, C.107 can be a useful and productive development framework.
9 Actions required by governments Coordinated action and monitoring of complianceTake necessary measures to ensure conformity with the ConventionSpecial measures to protect these populations, taking into account their cultural characteristicsPersistence in addressing problems faced by ITPs until they are satisfactorily resolved
10 Application of Convention 107 The ILO’s Committee of Experts has drawn attention to the situation of ITPs in most countries they have examined, including Argentina, Bangladesh, Brazil, Colombia, Ecuador, India, Iraq and PakistanIssues raised have included:- forced labour- health- human rights abuses- land rights
11 C. 107 in force: 1. Angola 2. Bangladesh 3. Belgium 4. Cuba 5. Dominican Republic6. Egypt7. El Salvador8. Ghana9. Guinea-Bissau10. Haiti11. India12. Iraq13. Malawi14. Pakistan15. Panama16. Portugal17. Syrian Arab Republic18. Tunisia
12 Convention No. 107 in action ILO is working with governments and ITP partners on implementing C.107 in Bangladesh, India and Pakistan, where it remains in forceActivities include:Awareness-raising (national and international community)Training of government and IP representativesC.107 as development framework in BangladeshPromoted for use in court cases and Parliamentary debates in India (Forest Rights Act, R&R policies, displacement cases), and CHT cases in BangladeshCapacity-building in Pakistan on special needs of ITPsDevelopment of training manual on C.107