Introduction 1
Part 1
Introductory Materials
A
Contents of This Volume 5
B
How the ILO Adopts Standards 5
1
Tripartism 5
2
Adoption Process 6
3
Voting in the ILO Conference 7
C
Supervision of the Application of ILO Standards 8
1
Regular Supervisory Mechanism 8
2
Complaint Procedures 9
a
Representations under Article 24 of the ILO Constitution 10
b
Complaints under Article 26 of the ILO Constitution 10
D
Citation of Materials in This Volume 11
1
Supervisory Comments 11
2
Preparatory Materials 11
a
Office Reports and Written Consultations 11
b
Reports of Discussions in the International Labour Conference 12
Part 2
The Articles of Convention No. 169
1
Article 3 of Convention No. 169 – Human Rights and Fundamental Freedoms 15
A
Adoption of Convention No. 107 16
B
Adoption of Convention No. 169 20
1
The 1988 Conference Discussion 20
2
The 1989 Conference Discussion 23
C
Development through Supervision 25
2
A
Adoption of Convention No. 107 29
B
Adoption of Convention No. 169 37
1
The 1988 Conference Discussion 37
2
The 1989 Conference Discussion 40
C
Development through Supervision 44
3
Article 5 of Convention No. 169 – Respect for Values, Practices and Institutions 48
A
Adoption of Convention No. 107 48
B
Adoption of Convention No. 169 52
1
The 1988 Conference Discussion 52
2
The 1989 Conference Discussion 57
C
Development through Supervision 61
4
Article 8 of Convention No. 169 – Customs and Customary Laws 64
A
Adoption of Convention No. 107 64
B
Adoption of Convention No. 169 74
1
The 1988 Conference Discussion 74
2
The 1989 Conference Discussion 81
C
Development through Supervision 83
5
Articles 9 and 10 of Convention No. 169 – Dealing with Offenses, and Penalties 84
A
Adoption of Convention No. 107 85
B
Adoption of Convention No. 169 92
1
The 1988 Conference Discussion 92
2
The 1989 Conference Discussion 102
C
Development through Supervision of Articles 8, 9 and 10 104
6
Article 11 of Convention No. 169 – Compulsory Personal Services 111
A
Adoption of Convention No. 107 111
B
Adoption of Convention No. 169 117
1
The 1988 Conference Discussion 117
2
The 1989 Conference Discussion 121
C
Development through Supervision 123
7
A
Adoption of Convention No. 107 128
B
Adoption of Convention No. 169 134
1
The 1988 Conference Discussion 134
2
The 1989 Conference Discussion 136
C
Development through Supervision 138
8
Article 20 of Convention No. 169 – Recruitment and Conditions of Work 141
A
Adoption of Convention No. 107 143
B
Adoption of Convention No. 169 150
1
The 1988 Conference Discussion 150
2
The 1989 Conference Discussion 161
C
Development through Supervision 164
1
Supervision under Convention No. 169 164
2
Supervision under Other ILO Conventions 168
9
Articles 21, 22 and 23 of Convention No. 169 – Vocational Training, Handicrafts and Rural Industries 169
A
Vocational Training 169
1
Adoption of Convention No. 107 170
2
Adoption of Convention No. 169 178
a
The 1988 Conference Discussion 178
b
The 1989 Conference Discussion 182
3
Development through Supervision 184
B
Handicrafts and Rural Industries 186
1
Adoption of Convention No. 107 187
2
Adoption of Convention No. 169 193
a
The 1988 Conference Discussion 193
b
The 1989 Conference Discussion 197
3
Development through Supervision 199
10
Articles 24 and 25 of Convention No. 169 – Social Security and Health 200
A
Social Security 200
1
Adoption of Convention No. 107 200
2
Adoption of Convention No. 169 206
a
The 1988 Conference Discussion 206
b
The 1989 Conference Discussion 208
3
B
Health 211
1
Adoption of Convention No. 107 212
2
Adoption of Convention No. 169 219
a
The 1988 Conference Discussion 219
b
The 1989 Conference Discussion 223
3
Development through Supervision 225
11
Articles 26 to 31 of Convention No. 169 – Education and Means of Communication 226
A
Different Contexts for the Adoption of the Two Conventions 229
1
Adoption of Convention No. 107 229
2
Adoption of Convention No. 169 234
B
Adoption of Each Article of Conventions Nos. 107 and 169 237
1
Article 21 of C107 and Article 26 of C169 237
a
Article 21 of Convention No. 107 237
b
Article 26 of Convention No. 169 237
2
Article 22 of C107 and Article 27 of C169 239
a
Article 22 of Convention No. 107 240
b
Article 27 of Convention No. 169 242
3
Article 23 of C107 and Article 28 of C169 247
a
Article 23 of Convention No. 107 247
b
Article 28 of Convention No. 169 249
4
Article 24 of C107 and Article 29 of C169 253
a
Article 24 of Convention No. 107 253
b
Article 29 of Convention No. 169 255
5
Article 25 of C107 and Article 31 of C169 256
a
Article 25 of Convention No. 107 256
b
Article 31 of Convention No. 169 258
6
Article 26 of C107 and Article 30 of C169 260
a
Article 26 of Convention No. 107 260
b
Article 30 of Convention No. 169 261
C
Concluding Comments on Education 263
D
Development through Supervision 264
12
Article 32 of Convention No. 169 – Contacts and Co-operation across Borders 268
A
Adoption of Convention No. 169 268
13
A
Adoption of Convention No. 107 273
B
Adoption of Convention No. 169 279
1
The 1988 Conference Discussion 279
2
The 1989 Conference Discussion 283
C
Development through Supervision 284
14
Article 34 of Convention No. 169 – Flexibility of Application 287
A
Adoption of Convention No. 107 287
B
Adoption of Convention No. 169 290
1
The 1988 Conference Discussion 290
2
The 1989 Conference Discussion 291
C
Development through Supervision and Implementation 292
15
Concluding Comments 293
Appendices
I
Indigenous and Tribal Peoples Convention, 1989 (No. 169) 297
II
Indigenous and Tribal Populations Convention, 1957 (No. 107) 311
III
How the ILO Adopts Standards 322
IV
Major Documents Consulted and Citation in This Volume 332
V
Interpretation of Convention No. 169 335
Index 342