IV. Indigenous peoples
1. Historical background
he ILO began its work on indigenous peoples in
the 1930s when its attention was drawn to what
were then termed ‘native workers’. The issue concerned plantations and farms in former colonies where
the local populations provided the bulk of the labour,
often in exploitative conditions. The prevalence of this
problem in different parts of the world led to the ILO
adopting the Forced Labour Convention (No. 29) in
1930. It was while following the implementation of this
Convention, that the ILO realized that indigenous peoples’ issues had to be addressed in a different way.
In 1936, the ILO adopted the first international instrument specific to indigenous peoples. This concerned
recruitment for economic development schemes (Convention No. 50 on Recruiting of Indigenous Workers)
(1936), oriented from an employers’ perspective.
The ILO also adopted several Conventions relating to
penal sanctions and contracts of employment for indigenous workers in dependent territories. Many of these
have since been denounced or fallen into disuse, as they
are no longer relevant or appropriate.
In the 1950s, the ILO undertook the following:
• The creation of an Expert Committee on Indigenous
Labour (1951–4);27
• The implementation of the Andean Indian Programme (Argentina, Bolivia, Chile, Colombia,
Ecuador, Peru and Venezuela) between 1954 and
1973. The ILO led this multi-agency effort to assist
indigenous peoples in the region;
• The publication in 1953 of Indigenous peoples: Living and working conditions of aboriginal populations
in independent countries.28
These steps laid the foundation for the ILO’s work
with indigenous peoples and on indigenous rights.29 The
ILO’s current activities in this field include: research,
standard-setting and technical assistance.
T
2. ILO Conventions on indigenous
peoples
o date, the ILO is the only body to have adopted
international Conventions which are exclusive to
indigenous peoples:
• Convention No. 107 on Indigenous and Tribal Populations (1957);
T
• Convention No. 169 on Indigenous and Tribal Peoples
(1989).
The ILO has taken a flexible approach when considering indigenous questions, and has often
worked directly with NGOs and indigenous organizations, as well as with trade unions. In supervising
the application of relevant Conventions (see later
for details), this has offered an opportunity for
indigenous organizations and concerned NGOs to
work more closely with the ILO in promoting and
protecting indigenous rights.
2.1. Convention No. 107 on Indigenous and
Tribal Populations (1957)
The ILO Expert Committee on Indigenous Labour recommended to the International Labour Conference that it
consider ‘the social problems of indigenous populations
in independent countries’. As a result, in 1957 Convention No. 107 on Indigenous and Tribal Populations was
adopted. At the time of its adoption the approach towards
indigenous peoples was paternalistic, with integration
being a major aim:
‘The Convention proceeds from the basic assumption
that integration into the dominant society should be
the objective of all programmes affecting indigenous
and tribal peoples.’30
The ILO no longer takes this approach, and integration is not an issue of concern or of interest to the supervisory bodies.
The following is a summary of the Convention:31
Aim of the Convention
• Progressive integration into national life (without
forced assimilation);
• Protection of the peoples32 concerned.
Scope33
• Indigenous populations;
• Tribal or semi-tribal peoples.
Elements
• Equality and non-discrimination in employment and
occupation;
THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES
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