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In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.
Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.
This work examines the developments in the campaign against child labour and the defence of the rights of children.
In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
This text was prepared as a monograph for the International Encyclopaedia for Labour Law and Industrial Relations. It is based on a more detailed work which appeared in French in 1970 and in Spanish in 1977. The material was brought up to date and recast to correspond to the type of monographs con tained in the Encyclopaedia, which were aimed at providing concise, but reasonably detailed information and analysis of national laws and practice. Thus indications concerning the historical background, important as they may be in the present case, as well as the discussion of a number of theoretical questions, have had to be considerably reduced. However, detailed, up-to date information is provided on the system of international labour standards and on the substantive provisions of the most important of these international instruments. As part of the Encyclopaedia for Labour Law and Industrial Relations, the present study will most probably reach those engaged in research in the field of labour law, as well as many employers' organisations and a large section of the trade union movement. However, it has been considered useful to publish the study also in book form to facilitate its use in wider circles such as university teachers and students, diplomats, politicians, international lawyers, and those engaged in daily trade union activities. Table of Contents List of Abbreviations 15 Introduction 17 CHAPTER I. HISTORICAL AND GENERAL BACKGROUND 17 § 1. Definition 17 §2. Historical development 17 §3.
2nd version of a 1994 publication.
This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).