ILO Convention 169 in the inter-American human rights system: consultation and consent

Abstract

ABSTRACTThe impact of Convention 169 on Indigenous and Tribal Peoples in countries independent of the International Labor Organization (hereinafter Convention 169), on the rights of indigenous peoples is unquestionable. Since its adoption (the Convention 169 was adopted by the ILO on 27 June 1989, in Geneva), 22 countries have ratified it with consequences that range from: its incorporation into internal regulation; constitutional, legislative and institutional modifications aimed at incorporating its standards; changes in practices in dealing with indigenous peoples; and rulings of domestic courts of justice that incorporate the Convention's standards in their decisions, among others. However, its impact has not been limited to the countries that ratified it, but it has crossed these borders, since it is considered a minimum standard in the discussions regarding other international instruments on the rights of indigenous peoples or has been incorporated, through the mechanism of its application or interpretation, in the decisions of international human rights organisations, both universal and regional. The following pages will deal with the incorporation of ILO's Convention 169 in the inter-American human rights system, regarding consultation and consent.