CASE STUDIES
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forcible relocation of the indigenous Chinantec families from their traditional lands, and resettlement in
the Uxpanapa Valley.
A tripartite committee concluded its examination of
the case, and found that although Convention No. 169
could not be applied retroactively (the dam was constructed in 1972), its consequences continued to have
a direct effect on the indigenous peoples, so the Convention did apply; it therefore recommended the Government consult with these peoples to seek a solution
to the problems they faced. The Governing Body
adopted its report in November 1999, and in 2000 the
Committee of Experts asked the Government to provide information on measures taken to implement the
Recommendations of the tripartite committee.
Commenting on both the representations, the Committee of Experts observed:
‘Both the article 24 representations resulted in concern being expressed by the Governing Body on the
apparent lack of real dialogue between the Government and the indigenous communities to discuss
their situation and to find answers to their problems
in the consultative spirit on which this Convention is
based.’ 72
The case of Mexico was discussed in depth at the 2000
International Labour Conference by the Applications
Committee, which held a detailed discussion with the
Government and asked for further information on
measures taken to more effectively apply the Convention, with particular reference to the Recommendations of the two tripartite committees. The workers’
group at the Conference had wished to bring this case
up during the 1999 Conference, however, as mentioned
earlier under the complaints procedure, a matter pending under an Article 24 representation can be discussed
only after the representation has been concluded.
The case of Mexico remains under examination by
the ILO.
These are only a few examples of how the ILO can be
used to discuss the problems facing indigenous peoples
with the government concerned, as a way of ensuring
measures are taken to resolve the situation. However, as
mentioned earlier, as with all international processes,
these initiatives take time and attention, and have to be
engaged in with a long-term perspective.
It is hoped that these case studies will encourage others to work with the ILO to promote minorities’ and
indigenous peoples’ rights and issues.
THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES
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