The ILO Convention No. 111: an alternative means of protecting indigenous peoples’ rights?

Abstract

ABSTRACTAdopted in 1958, and in force for 175 states, Convention No. 111 Discrimination (Employment and Occupation) (‘C111’) is one of the ILO’s eight ‘fundamental’ conventions. Containing only five substantive articles, on its face, it does not appear to provide much scope for protecting indigenous peoples’ rights. Yet, via the lens of eliminating discrimination against indigenous peoples’ traditional occupations, it may provide viable means for indigenous peoples to seek protection for land, resource and other rights normally associated with Convention No. 169 (‘C169’). This nexus between traditional occupations and indigenous land rights has been recognised by the International Labour Office and by the ILO Committee of Experts on the Application of Conventions and Recommendations (‘CEACR’). While the ILO Governing Body has yet to receive a Representation pursuant to Article 24 of the ILO Constitution and alleging violations of indigenous peoples’ rights in relation to C111, this is likely to change soon as a Representation is presently being prepared by an indigenous community in Sumatra, Indonesia. The prior observations of the CEACR provide a strong foundation for submitting such a Representation.