Human rights and the technical articles

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Human rights and the technical articles

(The travaux préparatoires of multilateral treaties, v. 4 . 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 / by Lee Swepston ; v. 2)

Brill Nijhoff, c2018

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Includes index

Description and Table of Contents

Description

The International Labour Organization is responsible for the only two international Conventions ever adopted 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 Convention No. 107, are the only international Conventions ever adopted on the subject, 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.

Table of Contents

Introduction Part 1: Introductory Materials A Contents of This Volume B How the ILO Adopts Standards 1 Tripartism 2 Adoption Process 3 Voting in the ILO Conference C Supervision of the Application of ILO Standards 1 Regular Supervisory Mechanism 2 Complaint Procedures a Representations under Article 24 of the ILO Constitution b Complaints under Article 26 of the ILO Constitution D Citation of Materials in This Volume 1 Supervisory Comments 2 Preparatory Materials a Office Reports and Written Consultations b Reports of Discussions in the International Labour Conference Part 2: The Articles of Convention No. 169 1 Article 3 of Convention No. 169 - Human Rights and Fundamental Freedoms A Adoption of Convention No. 107 B Adoption of Convention No. 169 1 The 1988 Conference Discussion 2 The 1989 Conference Discussion C Development through Supervision 2 Article 4 of Convention No. 169 - Special Measures A Adoption of Convention No. 107 B Adoption of Convention No. 169 1 The 1988 Conference Discussion 2 The 1989 Conference Discussion C Development through Supervision 3 Article 5 of Convention No. 169 - Respect for Values, Practices and Institutions A Adoption of Convention No. 107 B Adoption of Convention No. 169 1 The 1988 Conference Discussion 2 The 1989 Conference Discussion C Development through Supervision 4 Article 8 of Convention No. 169 - Customs and Customary Laws A Adoption of Convention No. 107 B Adoption of Convention No. 169 1 The 1988 Conference Discussion 2 The 1989 Conference Discussion C Development through Supervision 5 Articles 9 and 10 of Convention No.169 - Dealing with Offenses, and Penalties A Adoption of Convention No. 107 B Adoption of Convention No. 169 1 The 1988 Conference Discussion 2 The 1989 Conference Discussion C Development through Supervision of Articles 8, 9 and 10 6 Article 11 of Convention No. 169 - Compulsory Personal Services A Adoption of Convention No. 107 B Adoption of Convention No. 169 1 The 1988 Conference Discussion 2 The 1989 Conference Discussion C Development through Supervision 7 Article 12 of Convention No. 169 - Right to Take Legal Proceedings A Adoption of Convention No. 107 B Adoption of Convention No. 169 1 The 1988 Conference Discussion 2 The 1989 Conference Discussion C Development through Supervision 8 Article 20 of Convention No. 169 - Recruitment and Conditions of Work A Adoption of Convention No. 107 B Adoption of Convention No. 169 1 The 1988 Conference Discussion 2 The 1989 Conference Discussion C Development through Supervision 1 Supervision under Convention No. 169 2 Supervision under Other ILO Conventions 9 Articles 21, 22 and 23 of Convention No. 169 - Vocational Training, Handicrafts and Rural Industries A Vocational Training 1 Adoption of Convention No. 107 2 Adoption of Convention No. 169 a The 1988 Conference Discussion b The 1989 Conference Discussion 3 Development through Supervision B Handicrafts and Rural Industries 1 Adoption of Convention No. 107 2 Adoption of Convention No. 169 a The 1988 Conference Discussion b The 1989 Conference Discussion 3 Development through Supervision 10 Articles 24 and 25 of Convention No. 169 - Social Security and Health A Social Security 1 Adoption of Convention No. 107 2 Adoption of Convention No. 169 a The 1988 Conference Discussion b The 1989 Conference Discussion 3 Development through Supervision B Health 1 Adoption of Convention No. 107 2 Adoption of Convention No. 169 a The 1988 Conference Discussion b The 1989 Conference Discussion 3 Development through Supervision 11 Articles 26 to 31 of Convention No. 169 - Education and Means of Communication A Different Contexts for the Adoption of the Two Conventions 1 Adoption of Convention No. 107 2 Adoption of Convention No. 169 B Adoption of Each Article of Conventions Nos. 107 and 169 1 Article 21 of C107 and Article 26 of C169 a Article 21 of Convention No. 107 b Article 26 of Convention No. 169 2 Article 22 of C107 and Article 27 of C169 a Article 22 of Convention No. 107 b Article 27 of Convention No. 169 3 Article 23 of C107 and Article 28 of C169 a Article 23 of Convention No. 107 b Article 28 of Convention No. 169 4 Article 24 of C107 and Article 29 of C169 a Article 24 of Convention No. 107 b Article 29 of Convention No. 169 5 Article 25 of C107 and Article 31 of C169 a Article 25 of Convention No. 107 b Article 31 of Convention No. 169 6 Article 26 of C107 and Article 30 of C169 a Article 26 of Convention No. 107 b Article 30 of Convention No. 169 C Concluding Comments on Education D Development through Supervision 12 Article 32 of Convention No. 169 - Contacts and Co-operation across Borders A Adoption of Convention No. 169 13 Article 33 of Convention No. 169 - Administration A Adoption of Convention No. 107 B Adoption of Convention No. 169 1 The 1988 Conference Discussion 2 The 1989 Conference Discussion C Development through Supervision 14 Article 34 of Convention No. 169 - Flexibility of Application A Adoption of Convention No. 107 B Adoption of Convention No. 169 1 The 1988 Conference Discussion 2 The 1989 Conference Discussion C Development through Supervision and Implementation 15 Concluding Comments Appendices I Indigenous and Tribal Peoples Convention, 1989 (No. 169) II Indigenous and Tribal Populations Convention, 1957 (No. 107) III How the ILO Adopts Standards IV Major Documents Consulted and Citation in This Volume V Interpretation of Convention No. 169 Index

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