Part I. General Policy
Article 1
1. This Convention applies to:
(a) tribal peoples in independent countries whose social, cultural and economic
conditions distinguish them from other sections of the national community, and whose
status is regulated wholly or partially by their own customs or traditions or by special
laws or regulations;
(b) peoples in independent countries who are regarded as indigenous on account of
their descent from the populations which inhabited the country, or a geographical
region to which the country belongs, at the time of conquest or colonisation or the
establishment of present state boundaries and who, irrespective of their legal status,
retain some or all of their own social, economic, cultural and political institutions.
2. Self-identification as indigenous or tribal shall be regarded as a fundamental
criterion for determining the groups to which the provisions of this Convention apply.
3. The use of the term peoples in this Convention shall not be construed as having any
implications as regards the rights which may attach to the term under international
law. C169 Indigenous and Tribal Peoples Convention, 1989
Article 2
1. Governments shall have the responsibility for developing, with the participation of
the peoples concerned, co-ordinated and systematic action to protect the rights of
these peoples and to guarantee respect for their integrity.
2. Such action shall include measures for:
(a) ensuring that members of these peoples benefit on an equal footing from the rights
and opportunities which national laws and regulations grant to other members of the
population;
(b) promoting the full realisation of the social, economic and cultural rights of these
peoples with respect for their social and cultural identity, their customs and traditions
and their institutions;
(c) assisting the members of the peoples concerned to eliminate socio-economic gaps
that may exist between indigenous and other members of the national community, in a
manner compatible with their aspirations and ways of life.
Article 3
1. Indigenous and tribal peoples shall enjoy the full measure of human rights and
fundamental freedoms without hindrance or discrimination. The provisions of the
Convention shall be applied without discrimination to male and female members of
these peoples.