Tribal Peoples In Independent Countries Research Articles

Sámi Literature in Norwegian Language Arts Textbooks

Sámi Literature in Norwegian Language Arts Textbooks

The Missing Global Right to Health

The World Health Organization's (WHO) Constitution affirms, in its preamble, a fundamental and non-discriminatory right to health and health care. In doing so, it echoes a number of widely ratified treaties and other international legal instruments with a strong claim to having the status of customary international law, including the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of Discrimination Against Women, the Universal Declaration of Human Rights, the Convention on the Rights of the Child, the ILO Convention on Indigenous and Tribal peoples in Independent Countries, and the Standard Minimum Rules for the Treatment of Prisoners. Most recently, the Institut de Droit affirmed that same fundamental right in Article 4 of its September 2021 Resolution on Epidemics, Pandemics, and International Law.

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

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?

Political participation, the International Labour Organization, and Indigenous Peoples: Convention 169 ‘participatory’ rights

ABSTRACTIndigenous Peoples are constantly denied a meaningful say in their domestic arenas despite centuries of political struggle. While a considerable part of academia has (fairly) focused on the two crucial Indigenous rights of consultation and Free, Prior and Informed Consent (FPIC), it has discussed less the requirements, content, and operationalisation of the full and effective political participation of Indigenous Peoples despite appeals made by many United Nations (UN) bodies. Against this background, this article focuses on what will be called the ‘participatory’ rights of Indigenous Peoples in the frame of the International Labour Office (ILO) Convention concerning Indigenous and Tribal Peoples in Independent Countries No. 169 of 1989 (ILO Convention 169). It suggests a fourfold categorisation of such rights but with no intention to reduce the scope of the right (or rights) to Indigenous full and effective political participation, but rather to highlight those participatory measures that ILO Convention 169 includes but that have been so far neglected attention. The article ultimately highlights that ILO Convention 169 also may contribute to safeguarding Indigenous political participation in its different forms and exercises beyond consultation (and FPIC), which remain of utmost importance.

El Derecho a la Consulta Previa a los Pueblos Indígenas en el Sistema Interamericano de Derechos Humanos: Casos de estudio: Colombia y Ecuador

This article analyzed the contributions of ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries, regarding the right to prior consultation as a tool for the protection of indigenous peoples in the Inter-American Human Rights System. This analysis was based on a qualitative methodology, following the analytical-descriptive approach and using tools such as jurisprudential analysis. The research focused, particularly, on studying the sentence of the Inter-American Court of Human Rights in the case of Sarayaku v. Ecuador. From this sentence, some legal realities can be deduced that foresee the consequences of adopting the prior consultation in the legal systems of Ecuador and Colombia, as well as its impact on the socio-economic reality of those states and their indigenous peoples.

IMPACTO DE LAS POLITICAS ESTATALES EN LA AUTONOMÍA DE LOS TERRITORIOS INDÍGENAS EN LA ZONA SUR DE COSTA RICA EL CASO DEL TERRITORIO DE SALITRE / IMPACT OF THE STATAL POLITICS OVER THE AUTONOMY OF INDIGENOUS TERRITORIES IN COSTA RICA'S SOUTH REGION

doi: 10.12957/geouerj.2017.24786 The objective of this article is to perform an analysis, through literature review of the conflicts that have taken place between the indigenous and non-indigenous population in the Bribri community of Salitre, where it was determined that the main problem faced by the indigenous population, acts of violence by the non-indigenous peoples, because of the possession of the land, who have organized paramilitary groups with the aim of suppressing the natives. In this situation the state's response has been weak and ambiguous, since it has not raised clear solutions to the conflict, leaving the possibility open for the whites people to occupy these territories, in contrast to the laws of the Republic and international conventions that defend them, such as the 169 Convention concerning and Tribal Peoples in Independent Countries and the No. 6172 Indigenous Law of the Republic of Costa Rica.

Value Patterns in Four Dimensions among the Indigenous Sami Population in Norway

Background: This is a population-based study that explores and describes a set of personal values in indigenous Sami and non-Sami adults in Norway. Norway ratified the ILO convention no. 169 concerning indigenous and tribal peoples in independent countries in 1990. In accordance with the convention the integrity of the indigenous culture and values shall be respected. Our aim is to describe and explore value patterns among Sami and Norwegian populations.
 Method: Cross-sectional questionnaire. From 24 local authorities, a total of 12,623 subjects between the ages of 36 and 79 were included in the analysis. The survey instrument consisted of a 19-item questionnaire of personal values and the analysis was based on responses from 10,268 ethnic Norwegian (just 6 questions were asked to them) and 2,355 Sami participants (1,531 Sami and 824 mixed Sami/ethnic Norwegian participants).
 Results: From the 19 values, Sami respondents held the following five personal values in the highest regard: being in touch with nature; harnessing nature through fishing, hunting and berry-picking; preserving ancestral and family traditions; preserving traditional Sami industries and preserving and developing the Sami language. On the other hand, Sami respondents’ least important values included modern Sami art and the Sami Parliament (Sametinget). The ethnic Norwegians also held being in touch with nature as a very important value. Sami reported significantly higher scores for experience of ethnic discrimination and fear of losing their work/trade than ethnic Norwegians. The last 13 questions were just asked to Sami and mixed-Sami respondents. According to those questions four dimensions associated with personal values were identified among the indigenous Sami population: “Traditional Sami Values,” “Modern Sami Values,” “Contact with Nature” and “Feeling of Marginalisation.” Traditional and modern Sami values were both characterised by significantly higher scores among females, the lowest age bracket and those who considered themselves Sami. Within the Traditional Sami Values dimension, higher scores were also recorded in participants who were married or cohabiting, living in majority Sami areas, satisfied with “way of life” and members of the Læstadian Church. The Modern Sami Values dimension showed higher scores among participants with high household incomes. The Contact with Nature dimension had significantly higher proportions of Sami, married or cohabitants, and participants content with their way of life; age, geographical area and household income were found to be insignificant variables within this dimension. Feeling of Marginalisation was characterised by significantly greater proportions of males, individuals of working age, residence in Norwegian-dominated areas, self-perceived Sami ethnicity, low household income, poorer self-reported health and dissatisfaction with way of life.
 Conclusion: Four distinct value patterns and relationships to well-being and self-reported health were identified in the indigenous Sami population. The four dimensions reflect important aspects of present-day Sami society.

The Fulfilment of Norway’s International Legal Obligations to the Sámi – Assessed by the Protection of Rights to Lands, Waters and Natural Resources

During the two last decades of the 20th century, Norway has undertaken several commitments pursuant to international law that protect Sámi lands, culture, language and way of life. Norway’s 1988 constitutional amendment framed after the International Covenant on Civil and Political Rights (ICCPR) Article 27 and the ratification of the International Labour Organization (ILO) Convention no. 169 concerning Indigenous and Tribal Peoples in Independent Countries in 1990 are the most prominent of these. The adoption of the 1999 Norwegian Human Rights Act incorporating the ICCPR as internal Norwegian law should also be mentioned. This article examines how Norway complies with the international legal obligations the country has undertaken to protect the indigenous Sámi culture, in relation to land-based renewal resources, marine resources, and mineral resources.

El neoconstitucionalismo andino.Estudio comparado de las Constituciones de Ecuador 2008 y Bolivia 2009 a la luz del Convenio 169 y la Declaración de las Naciones Unidas sobre los derechos de los pueblos indígenas

La Constitución ecuatoriana de 2008 reconoce a la naturaleza sujeto de derechos y a los pueblos indígenas beneficiarios de los recursos que permiten el sumak kawsay en el marco de la libre determinación de los pueblos. Por su parte, la Constitución boliviana de 2009, asume al “indígena originario campesino” sujeto colectivo del Estado plurinacional, y el suma qamaña se constituye en eje transversal de su nueva Constitución. Esta investigación busca relacionar el texto constitucional de estos dos Estados a través de diez variables, tomando de referencia al Convenio 169 sobre pueblos indígenas y tribales en países independientes, y la Declaración de las Naciones Unidas sobre derechos de los pueblos indígenas.

The First Investigation Report of the Norwegian Finnmark Commission

The Alta case and the Sámi struggle for “rights to lands and waters” put political pressure on the Norwegian government to broadly explore the rights of the indigenous Sámi people to such resources. Both Norway’s ratification of the International Labour Organization (ILO) Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries in 1990, and the 2005 Finnmark Act are results of that exploration. To meet the obligations Norway undertook by signing the ILO Convention, the Finnmark Act authorises the Finnmark Commission to investigate land rights held by Sámi and other people in the most central part of Sámi areas in Norway. In March 2012, the Commission submitted its first report, which is the first specific legal clarification of a particular area after 30 years of examinations and discussions of Sámi rights. The report is therefore met with high expectations. This article analyses the main findings of the Commission, including the interpretation of its mandate and thus also Norway’s obligations in regards to the ILO Convention. The article concludes with reflections as to whether the investigation fulfils Norway’s commitments to identify and recognise the lands of the Sámi, both under national and international law.

Tensions Between States and Indigenous People over Natural Resources in light of the 1989 ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries and the 2007 UN Declaration on the Rights of Indigenous Peoples (including relevant national legislation and case-law)

Tensions Between States and Indigenous People over Natural Resources in light of the 1989 ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries and the 2007 UN Declaration on the Rights of Indigenous Peoples (including relevant national legislation and case-law)

Between Demos and Ethnos: The Nepal Constitution and Indigenous Rights

AbstractThis article examines the contested reception of the Convention concerning Indigenous and Tribal Peoples in Independent Countries (“ILO Convention 169”) in Nepal, particularly in the context of current constitutional reform and post-conflict economic development. Compelling evidence suggests that exclusionary political institutions, laws and structures have been the major cause of exclusion in contemporary Nepal. While Nepal is home to a range of different ethnic, language, religious and caste-based groups, the Adivasi Janajati (around 37 per cent of the population) consider themselves indigenous peoples. With such a sizeable minority, Nepal was the first and so far only Asian country to ratify the ILO Indigenous and Tribal Peoples Convention 169, which has considerable significance in a context of state restructuring and the accommodation of indigenous rights. The form of recognition of indigenous rights in the constitutional drafting process has created much heat, particularly over questions of autonomy and federalism, control over natural resources and land and quotas for political representation, but with less light concerning political consensus. The ILO Convention 169 has figured prominently in this process with various interpretations by different actors. Reconciling international meanings of this treaty with national interpretations used for political purposes in Nepal foregrounds a paradox existing between liberalism (in the form of rights and freedoms) and equality (democracy). Through a range of disciplinary methods, this article analyses the background to indigenous demands, the political and legal contestation over the interpretation of ILO 169 and the specific case of natural resources.

ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries 1989–2009: An Overview

AbstractOn 27 June 1989, by a majority of 328 votes for, one against and 49 abstentions, the International Labour Conference adopted the Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries, which came into force on 5 September 1991. Twenty years later, the Convention remains the only modern international legally binding instrument containing a series of novel provisions specifically devoted to the rights of indigenous peoples with a view to recognising, protecting and promoting their distinct identity. Despite its shortcomings and its few ratifications (just 20), the Convention has proved to be a significant departure for the defence and strengthening of indigenous rights at national, regional (especially that of Latin America) and universal level.

International Norms and Domestic Practices in Regard to ILO Convention No. 169 ‐ with Special Reference to Articles 1 and 13‐19

AbstractInternational organizations are considered to be central actors on the stage of world politics. They are not simply passive collections of rules or structures through which others act. Rather, they are considered to be active agents of global change. International organizations are often the actors to whom we defer when it comes to defining meanings, norms of good behaviour, the nature of social actors, and categories of legitimate social action in the world. The article has an interdisciplinary approach to the International Labour Organisation (ILO) and its Convention No. 169 concerning Indigenous and Tribal Peoples in Independent countries. The approaches of international relations and international law helps explain the power the ILO exercises in national and world politics. These insights are illustrated by exploring why state agents comply with norms promoted by the regime of ILO Convention No. 169. The article briefly introduces the historical approach of the ILO to indigenous issues and the complexity related to the concept of indigenousness; the highly relevant debate when states are considering the ratification of the Convention and even when implementing it. The Committee of Experts on the Application of Conventions and Recommendations (CEACR) in the ILO structure is the most central body guiding the States to normative and political changes in their domestic practices. It is argued that the Committee is using its authority and power through the normative regime and its supervisory mechanisms, and therefore is also interpreting the Convention. The system as a whole has effects on traditional state sovereignty and the demands of indigenous peoples’ right to self-determination. The research questions focuses also on the compliance, implementation and effectiveness of international Conventions. The article has a Nordic approach with comparison to different approaches related to Article 1 dealing with the subjects/objects of the Convention and also different land right situations (Articles 13‐19) especially in Latin America.

The Draft UN Declaration on the Rights of Indigenous Peoples: An Overview

1 29 June 2006, A/HRC/1/L.10. 2 In 1949, the General Assembly recommended that the Economic and Social Council carry out a study ‘on the social problem of the aboriginal populations . . . of the American continent’, see GA Res. 275(III), 11 May 1949. Additionally, the International Labour Organization (ILO), one of the UN specialised agencies, began to focus on indigenous issues and in 1957, following a number of studies and expert meetings organised under the auspices of the ILO, the first international binding instrument regarding indigenous peoples was adopted: ILO Convention No. 107 Concerning the Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries 1957, 328 UNTS 247. It entered into force on 2 June 1959. This convention was subsequently revised, because of its widely criticised integrationist approach, by ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries 1989, 1650 UNTS 384 (ILO Convention No. 169). However, it should be noted that although the former convention is closed to further ratifications, it is still in force for 18 States (Angola, Bangladesh, Belgium, Cuba, Dominican Republic, Egypt, El Salvador, Ghana, Guinea-Bissau, Haiti, India, Iraq, Malawi, Pakistan, Panama, Portugal, Syrian Arab Republic and Tunisia). For an analysis of the ILO’s involvement in indigenous matters, see Rodr|¤ guez-Pin‹ ero, Indigenous Peoples, Postcolonialism, and International Law. The ILO Regime (1919-1989) (NewYork: Oxford University Press, 2005). 3 For example, the attempt made in the 1920s by the leader of the Council of the Iroquois Confederacy to have the League of Nations consider the Iroquois dispute with Canada. On this, see Anaya, Indigenous Peoples in International Law, 2nd edn (Oxford: Oxford University Press, 2004) at 57.

Indigenous Peoples' Right to Land

This article discusses the land rights of indigenous peoples based on relevant human rights conventions. The article is divided into three parts. First, articles 1 and 27 of the International Covenant on Civil and Political Rights are discussed in relation to land rights of indigenous peoples. Then, land rights under the ILO Convention No. 169 Concerning Indigenous and Tribal Peoples in Independent Countries are examined, particularly its articles 13, 14 and 15. Thirdly, the proposed Finnmark Act will be scrutinized with regard to these two Conventions. Finally, some conclusions are drawn.

Indigenous Peoples’ Right to Land

The article discussed indigenous peoples’ right to land on the basis of the International Covenant on Civil and Political Rights (ICCPR) and ILO Convention No. 169 Concerning Indigenous and Tribal peoples in Independent Countries, especially the Sami People’s right to land in Norway.

Culture conflict and crime in Alaskan Native villages

Indigenous peoples throughout the world are increasingly pressing their claims to land and sovereignty. Their concerns regarding political autonomy and the right to be culturally different from the dominant majority are reflected in the 1993 United Nations Declaration on the Rights of Indigenous Peoples, as well as the International Labor Organization Convention No. 169 “Concerning Indigenous and Tribal Peoples in Independent Countries.” Many of the arguments presented by Native peoples in support of their claims revolve around issues which are contained in culture conflict theory, such as the unjust taking of lands, the imposition of alien legal, educational, and religious systems, and the effect of colonialism on Native cultures. This article explores culture conflict theory as a partial explanation for the differences found in socially disruptive behaviors reported by sixteen Alaskan Native villages, half of whom belong to the Yupiit Nation, a sovereignty movement dedicated to political autonomy for Alaskan Natives.