A/HRC/12/34
page 13
carry out consultations with indigenous communities in connection with a variety of contexts
(arts. 6, paras. 1 and 2, 15, para. 2, 17, para. 2, 22, para. 3, 27, para. 3, and 28). A tripartite
committee of the ILO Governing Body has in fact said that “the spirit of consultation and
participation constitutes the cornerstone of Convention No. 169 on which all its provisions are
based”.3 The jurisprudence of the ILO draws out some of the contours of the duty to consult,
which are referenced below.
40. The duty of States to effectively consult with indigenous peoples is also grounded in the
core human rights treaties of the United Nations, including the International Convention on the
Elimination of All Forms of Racial Discrimination4 and the International Covenant on Civil and
Political Rights. Most recently, the Committee on the Elimination of Racial Discrimination,
which oversees compliance with the International Convention on the Elimination of All Forms of
Racial Discrimination, has called upon numerous Governments to carry out consultations with
indigenous peoples on matters affecting their rights and interests, specifically in its concluding
observations on Canada,5 Indonesia,6 New Zealand,7 the Democratic Republic of the Congo,8
the United States of America,9 Ecuador,10 Sweden,11 and Namibia;12 and also in its review of
specific situations under its early-warning measures and urgent procedures, including in Belize,13
3
Report of the Committee set up to examine the representation alleging non-observance by
Ecuador of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), made under
article 24 of the ILO Constitution by the Confederación Ecuatoriana de Organizaciones
Sindicales Libres (CEOSL), para. 31.
4
States are required to “Ensure that members of indigenous peoples have equal rights in respect
of effective participation in public life and that no decisions directly relating to their rights and
interests are taken without their informed consent.” General recommendation No. 23 (1997) on
Indigenous Peoples (CERD/C/51/Misc.13/Rev.4), art. 4, para. (d).
5
CERD/C/CAN/CO/18, paras. 15 and 25.
6
CERD/C/IDN/CO/3, para. 17.
7
CERD/C/NZL/CO/17, para. 20.
8
CERD/C/COD/CO/15, para. 18.
9
CERD/C/USA/CO/6, para. 29.
10
CERD/C/ECU/CO/19, para. 16.
11
CERD/C/SWE/CO/18, para. 19.
12
CERD/C/NAM/CO/12, para. 18.
13
Letter dated 7 March 2008, available at: http://www2.ohchr.org/english/bodies/cerd/docs/
early_warning/Belize070308.pdf.