The Foundations of Modern International Law on Indigenous and Tribal Peoples, : The Preparatory Documents of the Indigenous and Tribal Peoples Convention, and Its Development through Supervision. Volume 2: Human Rights and the Technical Articles.

• Superior document: Travaux préparatoires of multilateral treaties ; Volume 4
• Author: Lee Swepston
• Place / Publishing House: Leiden, , Boston: : Brill | Nijhoff, , 2018.
• Year of Publication: 2018
• Language: English
• Series: The Travaux Préparatoires of Multilateral Treaties 4.
• Physical Description: 1 online resource (354 pages).
• Notes: Includes index.

Also available as a print set of two, see isbn 9789004373754 The International Labour Organization is responsible for the only two international Conventions for the protection of the rights and cultures of indigenous and tribal peoples - the Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced it, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions by the ILO, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject. In writing this two-volume study, he foregoes a strict “travaux” approach, and discusses the organizational precedents and the subsequent practice under these instruments. The supervision of the application of these Conventions is very largely unknown in the wider human rights community, and even in the more specialized “indigenous community” that forms a special subset of human rights activists. This guide may be of some help in redressing that situation.

Table of Contents

Front Matter -- Contents -- Introduction -- Introductory Materials -- The Articles of Convention No. 169 -- Article 3 of Convention No. 169 – Human Rights and Fundamental Freedoms -- Article 4 of Convention No. 169 – Special Measures -- Article 5 of Convention No. 169 – Respect for Values, Practices and Institutions -- Article 8 of Convention No. 169 – Customs and Customary Laws -- Articles 9 and 10 of Convention No. 169 – Dealing with Offenses, and Penalties -- Article 11 of Convention No. 169 – Compulsory Personal Services -- Article 12 of Convention No. 169 – Right to Take Legal Proceedings -- Article 20 of Convention No. 169 – Recruitment and Conditions of Work -- Articles 21, 22 and 23 of Convention No. 169 – Vocational Training, Handicrafts and Rural Industries -- Articles 24 and 25 of Convention No. 169 – Social Security and Health -- Articles 26 to 31 of Convention No. 169 – Education and Means of Communication -- Article 32 of Convention No. 169 – Contacts and Co-operation across Borders -- Article 33 of Convention No. 169 – Administration -- Article 34 of Convention No. 169 – Flexibility of Application -- Concluding Comments -- Back Matter -- Index.