U N I T E D N A T I O N S

UNITED NATIONS

INTERNATIONAL LABOUR ORGANISATION

CONVENTION 169

CONVENTION CONCERNING INDIGENOUS AND TRIBAL PEOPLES IN INDEPENDENT COUNTRIES

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour Office,
and having met in its 76th Session on
7 June 1989, and

Noting the international standards contained in the Indigenous and

Tribal Populations Convention and Recommendation, 1957, and

Recalling the terms of the Universal Declaration of Human Rights, the

International Covenant on Economic, Social and Cultural Rights, the

International Covenant on Civil and Political Rights, and the many

international instruments on the prevention of discrimination, and

Considering that the developments which have taken place in

international law since 1957, as well as developments in the

situation of indigenous and tribal peoples in all regions of the

world, have made it appropriate to adopt new international

standards on the subject with a view to removing the

assimilationists orientation of the earlier standards, and

Recognising the aspirations of these peoples to exercise control over

their own institutions, ways of life and economic development and

to maintain and develop their identities, languages and religions,

within the framework of the States in which they live, and

Noting that in many parts of the world these peoples are unable to

enjoy their fundamental human rights to the same degree as the rest

of the population of the States within which they live, and that

their laws, values, customs and perspectives have often been

eroded, and

Calling attention to the distinctive contributions of indigenous and

tribal peoples to the cultural diversity and social and ecological

harmony of humankind and to international co-operation and

understanding, and

Noting that the following provisions have been framed with the co-

operation of the United Nations, the Food and Agriculture

Organisation of the United Nations, the United Nations Educational,

Scientific and Cultural Organisation and the World Health

Organisation, as well as of the Inter-American Indian Institute, at

appropriate levels and in their respective fields, and that it is

proposed to continue this co-operation in promoting and securing

the application of these provisions, and

Having decided upon the adoption of certain proposals with regard to

the partial revision of the Indigenous and Tribal Populations

Convention, 1957 (No. 107), which is the fourth item on the agenda

of the session, and

Having determined that these proposals shall take the form of an

international Convention revising the Indigenous and Tribal

Populations Convention, 1957;

adopts this twenty-seventh day of June of the year one thousand nine

hundred and eighty-nine the following Convention, which may be cited

as the Indigenous and Tribal Peoples Convention, 1989:

PART I. GENERAL POLICY

Article I

1. This Convention applies to:

(a) tribal peoples in independent countries whose social, cultural

and economic conditions distinguish them from other sections of

the national community and whose status is regulated wholly or

partially by their own customs or traditions or by special laws

or regulations;

(b) peoples in independent countries who are regarded as indigenous

on account of their descent from the populations which inhabited

the country, or a geographical region to which the country

belongs, at the time of conquest or colonisation or the

establishment of present state boundaries and who, irrespective

of their legal status, retain some or all of their own social,

economic, cultural and political institutions.

2. Self-identification as indigenous or tribal shall be regarded

as a fundamental criterion for determining the groups to which the

provisions of this Convention apply.

3. The use of the term "peoples" in this Convention shall not be

construed as having any implications as regards the rights which may

attach to the term under international law.

Article 2

1. Governments shall have the responsibility for developing,

with the participation of the peoples concerned, co-ordinated and

systematic action to protect the rights of these peoples and to

guarantee respect for their integrity.

2. Such action shall include measures for:

(a) ensuring that members of these peoples benefit on an equal

footing from the rights and opportunities which national laws

and regulations grant to other members of the population;

(b) promoting the full realisation of the social, economic and

cultural rights of these peoples with respect for their social

and cultural identity, their customs and traditions and their

institutions;

socio-economic gaps that may exist between indigenous and other

members of the national community, in a manner compatible with

their aspirations and ways of life.

Article 3

1. Indigenous and tribal peoples shall enjoy the full measure of

human rights and fundamental freedoms without hindrance or

discrimination. The provisions of the Convention shall be applied

without discrimination to male and female members of these peoples.

2. No form of force or coercion shall be used in violation of

the human rights and fundamental freedoms of the peoples concerned,

including the rights contained in this Convention.

Article 4

1. Special measures shall be adopted as appropriate for

safeguarding the persons, institutions, property, labour, cultures

and environment of the peoples concerned.

2. Such special measures shall not be contrary to the freely-

expressed wishes of the peoples concerned.

3. Enjoyment of the general rights of citizenship, without

discrimination, shall not be prejudiced in any way by such special

measures.

Article 5

In applying the provisions of this Convention:

(a) the social, cultural, religious and spiritual values and

practices of these peoples shall be recognised and protected,

and due account shall be taken of the nature of the problems

which face them both as groups and as individuals;

(b) the integrity of the values, practices and institutions of these

peoples shall be respected;

these peoples in facing new conditions of life and work shall be

adopted, with the participation and co-operation of the peoples

affected.

Article 6

1. In applying the provisions of this Convention, governments

shall:

(a) consult the peoples concerned, through appropriate procedures

and in particular through their representative institutions,

whenever consideration is being given to legislative or

administrative measures which may affect them directly;

(b) establish means by which these peoples can freely participate,

to at least the same extent as other sectors of the population,

at all levels of decision making in elective institutions and

administrative and other bodies responsible for policies and

programmes which concern them;

institutions and initiatives, and in appropriate cases provide

the resources necessary for this purpose.

2. The consultations carried out in application of this

Convention shall be undertaken, in good faith and in a form

appropriate to the circumstances, with the objective of achieving

agreement or consent to the proposed measures.

Article 7

1. The peoples concerned shall have the right to decide their

own priorities for the process of development as it affects their

lives, beliefs, institutions and spiritual well-being and the lands

they occupy or otherwise use, and to exercise control, to the extent

possible, over their own economic, social and cultural development.

In addition, they shall participate in the formulation,

implementation and evaluation of plans and programmes for national

and regional development which may affect them directly.

2. The improvement of the conditions of life and work and levels

of health and education of the peoples concerned, with their

participation and co-operation, shall be a matter of priority in

plans for the overall economic development at areas they inhabit.

Special projects for development of the areas in question shall also

be so designed as to promote such improvement.

3. Governments shall ensure that, whenever appropriate, studies

are carried out, in co-operation with the peoples concerned, to

assess the social, spiritual, cultural and environmental impact on

them of planned development activities. The results of these studies

shall be considered as fundamental criteria for the implementation of

these activities.

4. Governments shall take measures, in co-operation with the

peoples concerned, to protect and preserve the environment of the

territories they inhabit.

Article 8

1. In applying national laws and regulations to the peoples

concerned, due regard shall be had to their customs or customary

laws.

2. These peoples shall have the right to retain their own

customs and institutions, where these are not incompatible with

fundamental rights defined by the national legal system and with

internationally recognised human rights. Procedures shall be

established, whenever necessary, to resolve conflicts which may arise

in the application of this principle.

3. The application of paragraphs 1 and 2 of this Article shall

not prevent members of these peoples from exercising the rights

granted to all citizens and from assuming the corresponding duties.

Article 9

1. To the extent compatible with the national legal system and

internationally recognised human rights, the methods customarily

practised by the peoples concerned for dealing with offences

committed by their members shall be respected.

2. The customs of these peoples in regard to penal matters shall

be taken into consideration by the authorities and courts dealing

with such cases.

Article 10

1. In imposing penalties laid down by general law on members of

these peoples account shall be taken of their economic, social and

cultural characteristics.

2. Preference shall be given to methods of punishment other than

confinement in prison.

Article 11

The exaction from members of the peoples concerned of compulsory

personal services in any form, whether paid or unpaid, shall be

prohibited and punishable by law, except in cases prescribed by law

for all citizens.

Article 12

The peoples concerned shall be safeguarded against the abuse of

their rights and shall be able to take legal proceedings, either

individually or through their representative bodies, for the

effective protection of these rights. Measures shall be taken to

ensure that members of these peoples can understand and be understood

in legal proceedings, where necessary through the provision of

interpretation or by other effective means.

PART II. LAND

Article 13

1. In applying the provisions of this Part of the Convention

governments shall respect the special importance for the cultures and

spiritual values of the peoples concerned of their relationship with

the lands or territories, or both as applicable, which they occupy or

otherwise use, and in particular the collective aspects of this

relationship.

2. The use of the term "lands" in Articles 15 and 16 shall

include the concept of territories, which covers the total

environment of the areas which the peoples concerned occupy or

otherwise use.

Article 14

1. The rights of ownership and possession of the peoples

concerned over the lands which they traditionally occupy shall be

recognised. In addition, measures shall be taken in appropriate cases

to safeguard the right of the peoples concerned to use lands not

exclusively occupied by them, but to which they have traditionally

had access for their subsistence and traditional activities.

Particular attention shall be paid to the situation of nomadic

peoples and shifting cultivators in this respect.

2. Governments shall take steps as necessary to identify the

lands which the peoples concerned traditionally occupy, and to

guarantee effective protection of their rights of ownership and

possession.

3. Adequate procedures shall be established within the national

legal system to resolve land claims by the peoples concerned.

Article 15

1. The rights of the peoples concerned to the natural resources

pertaining to their lands shall be specially safeguarded. These

rights include the right of these peoples to participate in the use,

management and conservation of these resources.

2. In cases in which the State retains the ownership of mineral

or sub-surface resources or rights to other resources pertaining to

lands, governments shall establish or maintain procedures through

which they shall consult these peoples, with a view to ascertaining

whether and to what degree their interests would be prejudiced,

before undertaking or permitting any programmes for the exploration

or exploitation of such resources pertaining to their lands. The

peoples concerned shall wherever possible participate in the benefits

of such activities, and shall receive fair compensation for any

damages which they may sustain as a result of such activities.

Article 16

1. Subject to the following paragraphs of this Article, the

peoples concerned shall not be removed from the lands which they

occupy.

2. Where the relocation of these peoples is considered necessary

as an exceptional measure, such relocation shall take place only with

their free and informed consent. Where their consent cannot be

obtained, such relocation shall take place only following appropriate

procedures established by national laws and regulations, including

public inquiries where appropriate, which provide the opportunity for

effective representation of the peoples concerned.

3. Whenever possible, these peoples shall have the right to

return to their traditional lands, as soon as the grounds for

relocation cease to exist.

4. When such return is not possible, as determined by agreement

or, in the absence of such agreement, through appropriate procedures,

these peoples shall be provided in all possible cases with lands of

quality and legal status at least equal to that of the lands

previously occupied by them, suitable to provide for their present

needs and future development. Where the peoples concerned express a

preference for compensation in money or in kind, they shall be so

compensated under appropriate guarantees.

5. Persons thus relocated shall be fully compensated for any

resulting loss or injury.

Article 17

1. Procedures established by the peoples concerned for the

transmission of land rights among members of these peoples shall be

respected.

2. The peoples concerned shall be consulted whenever

consideration is being given to their capacity to alienate their

lands or otherwise transmit their rights outside their own community.

3. Persons not belonging to these peoples shall be prevented

from taking advantage of their customs or of lack of understanding of

the laws on the part of their members to secure the ownership,

possession or use of land belonging to them.

Article 18

Adequate penalties shall be established by law for unauthorised

intrusion upon, or use of, the lands of the peoples concerned, and

governments shall take measures to prevent such offences.

Article 19

National agrarian programmes shall secure to the peoples

concerned treatment equivalent to that accorded to other sectors of

the population with regard to:

(a) the provision of more land for these peoples when they have not

the area necessary for providing the essentials of a normal

existence, or for any possible increase in their numbers;

(b) the provision of the means required to promote the development

of the lands which these peoples already possess.

PART III. RECRUITMENT AND CONDITIONS OF EMPLOYMENT

Article 20

1. Governments shall, within the framework of national laws and

regulations, and in co-operation with the peoples concerned, adopt

special measures to ensure the effective protection with regard to

recruitment and conditions of employment of workers belonging to

these peoples, to the extent that they are not effectively protected

by laws applicable to workers in general.

2. Governments shall do everything possible to prevent any

discrimination between workers belonging to the peoples concerned and

other workers, in particular as regards:

(a) admission to employment, including skilled employment, as well

as measures for promotion and advancement;

(b) equal remuneration for work of equal value;

all social security benefits and any other occupationally

related benefits, and housing;

(d) the right of association and freedom for all lawful trade union

activities, and the right to conclude collective agreements with

employers or employers' organisations.

3. The measures taken shall include measures to ensure:

(a) that workers belonging to the peoples concerned, including

seasonal, casual and migrant workers in agricultural and other

employment, as well as those employed by labour contractors,

enjoy the protection afforded by national law and practice to

other such workers in the same sectors, and that they are fully

informed of their rights under labour legislation and of the

means of redress available to them;

(b) that workers belonging to these peoples are not subjected to

working conditions hazardous to their health, in particular

through exposure to pesticides or other toxic substances;

coercive recruitment systems, including bonded labour and other

forms of debt servitude;

(d) that workers belonging to these peoples enjoy equal

opportunities and equal treatment in employment for men and

women, and protection from sexual harassment.

4. Particular attention shall be paid to the establishment of

adequate labour inspection services in areas where workers belonging

to the peoples concerned undertake wage employment, in order to

ensure compliance with the provisions of this Part of this

Convention.

PART IV. VOCATIONAL TRAINING, HANDICRAFTS AND RURAL INDUSTRIES

Article 21

Members of the peoples concerned shall enjoy opportunities at

least equal to those of other citizens in respect of vocational

training measures.

Article 22

1. Measures shall be taken to promote the voluntary

participation of members of the peoples concerned in vocational

training programmes of general application.

2. Whenever existing programmes of vocational training of

general application do not meet the special needs of the peoples

concerned, governments shall, with the participation of these

peoples, ensure the provision of special training programmes and

facilities.

3. Any special training programmes shall be based on the

economic environment, social and cultural conditions and practical

needs of the peoples concerned. Any studies made in this connection

shall be carried out in co-operation with these peoples, who shall be

consulted on the organisation and operation of such programmes. Where

feasible, these peoples shall progressively assume responsibility for

the organisation and operation of such special training programmes,

if they so decide.

Article 23

1. Handicrafts, rural and community-based industries, and

subsistence economy and traditional activities of the peoples

concerned, such as hunting, fishing, trapping and gathering, shall be

recognised as important factors in the maintenance of their cultures

and in their economic self-reliance and development. Governments

shall, with the participation of these people and whenever

appropriate, ensure that these activities are strengthened and

promoted.

2. Upon the request of the peoples concerned, appropriate

technical and financial assistance shall be provided wherever

possible, taking into account the traditional technologies and

cultural characteristics of these peoples, as well as the importance

of sustainable and equitable development.

PART V. SOCIAL SECURITY AND HEALTH

Article 24

Social security schemes shall be extended progressively to cover

the peoples concerned, and applied without discrimination against

them.

Article 25

1. Governments shall ensure that adequate health services are

made available to the peoples concerned, or shall provide them with

resources to allow them to design and deliver such services under

their own responsibility and control, so that they may enjoy the

highest attainable standard of physical and mental health.

2. Health services shall, to the extent possible, be community-

based. These services shall be planned and administered in co-

operation with the peoples concerned and take into account their

economic, geographic, social and cultural conditions as well as their

traditional preventive care, healing practices and medicines.

3. The health care system shall give preference to the training

and employment of local community health workers, and focus on

primary health care while maintaining strong links with other levels

of health care services.

4. The provision of such health services shall be co-ordinated

with other social, economic and cultural measures in the country.

PART VI. EDUCATION AND MEANS OF COMMUNICATION

Article 26

Measures shall be taken to ensure that members of the peoples

concerned have the opportunity to acquire education at all levels on

at least an equal footing with the rest of the national community.

Article 27

1. Education programmes and services for the peoples concerned

shall be developed and implemented in co-operation with them to

address their special needs, and shall incorporate their histories,

their knowledge and technologies, their value systems and their

further social, economic and cultural aspirations.

2. The competent authority shall ensure the training of members

of these peoples and their involvement in the formulation and

implementation of education programmes, with a view to the

progressive transfer of responsibility for the conduct of these

programmes to these peoples as appropriate.

3. In addition, governments shall recognise the right of these

peoples to establish their own educational institutions and

facilities, provided that such institutions meet minimum standards

established by the competent authority in consultation with these

peoples. Appropriate resources shall be provided for this purpose.

Article 28

1. Children belonging to the peoples concerned shall, wherever

practicable, be taught to read and write in their own indigenous

language or in the language most commonly used by the group to which

they belong. When this is not practicable, the competent authorities

shall undertake consultations with these peoples with a view to the

adoption of measures to achieve this objective.

2. Adequate measures shall be taken to ensure that these peoples

have the opportunity to attain fluency in the national language or in

one of the official languages of the country.

3. Measures shall be taken to preserve and promote the

development and practice of the indigenous languages of the peoples

concerned.

Article 29

The imparting of general knowledge and skills that will help

children belonging to the peoples concerned to participate fully and

on an equal footing in their own community and in the national

community shall be an aim of education for these peoples.

Article 30

1. Governments shall adopt measures appropriate to the

traditions and cultures of the peoples concerned, to make known to

them their rights and duties, especially in regard to labour,

economic opportunities, education and health matters, social welfare

and their rights deriving from this Convention.

2. If necessary, this shall be done by means of written

translations and through the use of mass communications in the

languages of these peoples.

Article 31

Educational measures shall be taken among all sections of the

national community, and particularly among those that are in most

direct contact with the peoples concerned, with the object of

eliminating prejudices that they may harbor in respect of these

peoples. To this end, efforts shall be made to ensure that history

textbooks and other educational materials provide a fair, accurate

and informative portrayal of the societies and cultures of these

peoples.

PART VII. CONTACTS AND CO-OPERATION ACROSS BORDERS

Article 32

Governments shall take appropriate measures, including by means

of international agreements, to facilitate contacts and co-operation

between indigenous and tribal peoples across borders, including

activities in the economic, social, cultural, spiritual and

environmental fields.

PART VIII. ADMINISTRATION

Article 33

1. The governmental authority responsible for the matters

covered in this Convention shall ensure that agencies or other

appropriate mechanisms exist to administer the programmes affecting

the peoples concerned, and shall ensure that they have the means

necessary for the proper fulfillment of the functions assigned to

them.

2. These programmes shall include:

(a) the planning, co-ordination, execution and evaluation, in co-

operation with the peoples concerned, of the measures provided

for in this Convention;

(b) the proposing of legislative and other measures to the competent

authorities and supervision of the application of the measures

taken, in co-operation with the peoples concerned.

PART IX. GENERAL PROVISIONS

Article 34

The nature and scope of the measures to be taken to give effect

to this Convention shall be determined in a flexible manner, having

regard to the conditions characteristic of each country.

Article 35

The application of the provisions of this Convention shall not

adversely affect rights and benefits of the peoples concerned

pursuant to other Conventions and Recommendations, international

instruments, treaties, or national laws, awards, custom or

agreements.

PART X. FINAL PROVISIONS

Article 36

This Convention revises the Indigenous and Tribal Populations

Convention, 1957.

Article 37

The formal ratifications of this Convention shall be

communicated to the Director-General of the International Labour

Office for registration.

Article 38

1. This Convention shall be binding only upon those Members of

the International Labour Organisation whose ratifications have been

registered with the Director-General.

2. It shall come into force twelve months after the date on

which the ratifications of two Members have been registered with the

Director-General.

3. Thereafter, this Convention shall come into force for any

Member twelve months after the date on which its ratification has

been registered.

Article 39

1. A Member which has ratified this Convention may denounce it

after the expiration of ten years from the date on which the

Convention first comes into force, by an act communicated to the

Director-General of the International Labour Office for registration.

Such denunciation shall not take effect until one year after the date

on which it is registered.

2. Each Member which has ratified this Convention and which does

not, within the year following the expiration of the period of ten

years mentioned in the preceding paragraph, exercise the right of

denunciation provided for in this Article, will be bound for another

period of ten years and, thereafter, may denounce this Convention at

the expiration of each period of ten years under the terms provided

for in this Article.

Article 40

1. The Director-General of the International Labour Office shall

notify all Members of the International Labour Organisation of the

registration of all ratifications and denunciations communicated to

him by the Members of the Organisation.

2. When notifying the Members of the Organisation of the

registration of the second ratification communicated to him, the

Director-General shall draw the attention of the Members of the

Organisation to the date upon which the Convention will come into

force.

Article 41

The Director-General of the International Labour Office shall

communicate to the Secretary-General of the United Nations for

registration in accordance with Article 102 of the Charter of the

United Nations full particulars of all ratifications and acts of

denunciation registered by him in accordance with the provisions of

the preceding Articles.

Article 42

At such times as it may consider necessary the Governing Body of

the International Labour Office shall present to the General

Conference a report on the working of this Convention and shall

examine the desirability of placing on the agenda of the Conference

the question of its revision in whole or in part.

Article 43

1. Should the Conference adopt a new Convention revising this

Convention in whole or in part, then, unless the new Convention

otherwise provides -

(a) the ratification by a Member of the new revising Convention

shall ipso jure involve the immediate denunciation of this

Convention, notwithstanding the provisions of Article 39 above,

if and when the new revising Convention shall have come into

force;

(b) as from the date when the new revising Convention comes into

force this Convention shall cease to be open to ratification by

the Members.

2. This Convention shall in any case remain in force in its

actual form and content for those Members which have ratified it but

have not ratified the revising Convention.

Article 44

The English and French versions of the text of this Convention

are equally authoritative.

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