INDIGENOUS PEOPLES of those countries asked to supply reports earlier by the Committee of Experts, or if other circumstances activate the ILO’s supervisory process – e.g. comments from employers’ or workers’ organizations. Note: Conventions Nos. 107 and 169 are not identified as priority Conventions for the ILO; therefore their reporting cycle is five years. 2.2 Convention No. 169 on Indigenous and Tribal Peoples (1989) Between 1957, when Convention No. 107 was adopted, and 1989, various developments led the ILO to consider revising Convention No. 107. These included: • The increasing awareness and mobilization of indigenous peoples and NGOs, who considered that Convention No. 107 fell far short of their needs and concerns, and that it was ‘seriously flawed’.38 • A landmark UN Study on the problem of discrimination against indigenous populations by José R. Martinéz Cobo, Special Rapporteur of the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities39 (1971–86).40 • A UN Working Group on Indigenous Populations was established in 1982 and began drafting a standard on indigenous rights in 1984.41 Indigenous peoples attending the meeting were against this option; however, the Convention was adopted using this wording. As a result, indigenous peoples have criticized the inclusion of this Article in the Convention because it falls short of their expectations and sets a dangerous precedent. The ILO’s position is that the meaning and implication of the term ‘peoples’ is an issue for the UN to decide, and that the use of this phrase in the Convention clarifies that this matter is outside the ILO’s jurisdiction. Another issue during the adoption process that led to much debate was the question of indigenous peoples’ participation. Indigenous peoples could, and did, contribute to the meetings as representatives of (i) governments, employers’ and workers’ delegations, (ii) NGOs, e.g. Anti-Slavery International and the International Work Group for Indigenous Affairs, and (iii) indigenous organizations, e.g. the Four Directions Council, the Saami Council and the World Council of Indigenous Peoples. However, indigenous participation at the ILO during the adoption of Convention No. 169 was limited. Despite these shortcomings, the Convention has become a benchmark for indigenous issues, and remains the most comprehensive and detailed instrument on the subject. The following is a brief overview of the key issues of Convention No. 169:43 In September 1986, the ILO convened a meeting of experts to discuss the advisability of revising Convention No. 107. This meeting is historic in being the first time NGOs – Survival International and the World Council of Indigenous Peoples – were formally invited to be part of an official ILO meeting.42 Following this meeting, the ILO put the subject on the agenda of the International Labour Conference. After two years of intense, and often acrimonious, debate in June 1989 the ILO adopted the Convention on Indigenous and Tribal Peoples (No. 169). One of the most polemic issues during the adoption process was the use of the term ‘peoples’ as some participants, mainly governments, believed that to use the term ‘peoples’ would give indigenous peoples the right to self-determination and, as an extension, the right to secession. For indigenous peoples, the only correct and acceptable term was ‘peoples’. In an effort to break the deadlock, a compromise was proposed: to use the term ‘peoples’ but to include a qualifying clause which states: Aim of the Convention • Recognition of the right of indigenous and tribal peoples to exist as distinct peoples. ‘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.’ (Article 1[3]) Main issues • Cross-border contacts (indigenous peoples separated by national borders); • Education including first-language instruction; Orientation • Consultation and participation as fundamental for all action; • Respect for the traditions, cultures and ways of life of indigenous and tribal peoples; • Towards self-management – to provide the resources and opportunities for indigenous and tribal peoples to decide their own future. Scope • Indigenous and tribal peoples, without differentiating or defining these peoples. Basic principles • Right to self-identification as a fundamental criterion; • Right of consultation and participation; • Right to decide their own priorities for development. THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES 21