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LABOUR RIGHTS
and others at five-year intervals. Workers’ and employers’ organizations can make
observations on the application of Conventions, which are brought to the
attention of the Committee of Experts, which uses the information to supplement periodic reports of governments.20 Workers’ and employers’ associations can
also file representations (a form of complaint) against a state under Art. 24 of the
ILO Constitution. If declared receivable, these are examined by a committee set
up by the Governing Body to determine whether a violation has occurred. The
Governing Body normally requests the government concerned and the
Committee of Experts to follow up on its decisions within the regular reporting
mechanism.
The ILO has received several representations under Art. 24 of the ILO
Constitution by trade unions alleging violations of Convention No. 169, which
demonstrates the practical relevance of this Convention for the protection of
indigenous and tribal peoples and other minorities. The problems raised in these
representations tend to indicate a lack of effective involvement of these peoples in
decisions taken at the national level that affect them, particularly in relation to
land rights and development issues. The ILO supervisory bodies have urged
governments to take measures to involve indigenous and tribal peoples in decisionmaking processes by way of proper consultation, including in the design and
implementation of policies and programmes relating to them.
Guidelines for successful advocacy
There are many ways in which indigenous and minority representatives and
advocates can promote their interests in international organizations, but it is
necessary to learn the procedures and the possibilities of each one.
At the national level, non-governmental organizations can make known inside
the country the rights contained in international standards and the decisions made
by international bodies on how their own country is performing. Comments by
the ILO Committee of Experts or the UN treaty bodies often contain a tremendous amount of information, which can be a powerful lobbying tool.
International treaties are often incorporated into national law, according to the
national constitution. If the ICCPR and ICESCR are formally part of the legal
structure of a country, or if ILO Convention No. 169 becomes national law
because of ratification, this means they can be invoked in court even where national laws have not yet incorporated their provisions. The way of taking account of
international standards is not the same in every country. Training courses for
lawyers, judges and advocates are sometimes organized by the UN, the ILO, and
NGOs. UN and ILO training materials are available through their websites or
local offices.