Indigenous Peoples and Rights to Land and Water in 2019: How do Countries that Have Ratified the ILO-convention 169 Comply?

Abstract

ABSTRACT In 2019, the International Labour Organization (ILO), celebrated its 100th anniversary and 30 years since it in 1989 adopted the Convention Indigenous and Tribal Peoples in Independent Countries, C169. C169 lays the foundation for a model for a relationship among indigenous peoples and the nation-state in which they live. It defines territorial areas of indigenous peoples and gives them the right to be heard before governments implement measures. C169 is a central instrument in the progress of acknowledging indigenous rights and including them in national laws. The first country to ratify C169 was Norway, followed by Bolivia and Ecuador. These countries have implemented C169 in their legislation. The high-income country Norway and the Andean countries are distinct in many ways. Sámi and the Indigenous peoples of the Amazon still have shared experiences with the nation-state and rights to land and water. With relevant examples from Bolivia, Ecuador and Norway, the article will examine the significance of C169 when the interests of indigenous peoples are conflicting with the nation-state’s interests. It will look into the role of the conventions when conflicts arise. What challenges do nation-states meet in the obligation to secure indigenous peoples' right to live a good life enjoying substantive freedoms as is the main focus in the capability approach?