Consultation and participation in ILO
Convention No. 169
Excerpt from the ILO Handbook for ILO Tripartite Constituents – Understanding the
Indigenous and Tribal Peoples Convention, 1989 (No. 169):1
The rights to be consulted and to participate in decision-making constitute the cornerstone
of Convention No. 169 and the basis for applying the broader set of rights enshrined in the
Convention. This section will answer some of the key questions that are often raised by ILO
constituents in relation to these intertwined rights of indigenous peoples.
WHY IS CONSULTATION AND PARTICIPATION THE CORNERSTONE OF THE CONVENTION?
Consultation and participation are fundamental principles of democratic governance and of
inclusive development. The provisions on consultation and participation were introduced in
Convention No. 169, in order to eliminate the integrationist approach of the earlier Convention
No. 107. Consultation and participation are important objectives in themselves, but are also the
means through which indigenous peoples can fully participate in the decisions that affect them.
Consultation and participation are not rights exclusively ascribed to indigenous peoples.
Consultation is a fundamental principle that is to be found in all other ILO Conventions, providing for consultation between governments, employers’ and workers’ organizations as well as
those specifically concerned by a given Convention. In this regard, Convention No. 169 is no
exception, but affirms the requirement for specific consultations with indigenous peoples.
Given the enormous challenges facing indigenous and tribal peoples today, including the
regularization of land titles, health and education, and the increasing exploitation of natural
resources, the involvement of the indigenous and tribal peoples in these and other areas which
affect them directly, is an essential element in ensuring equity and guaranteeing social peace
through inclusion and dialogue … Consultation can be an instrument of genuine dialogue, social
cohesion and be instrumental in the prevention and resolution of conflict.
CEACR, General Observation on Convention No. 169, 79th Session, 2008, published 2009.
WHAT DOES THE CONVENTION SAY ABOUT CONSULTATION?
The general requirement to consult with indigenous peoples is reflected in Article 6(1) of
Convention No. 169. Consultation with indigenous peoples thus arises as a general obligation
under the Convention, whenever legislative or administrative measures affect them directly.
Such measures could, for example, concern the elaboration of national legislation regarding
consultations or the construction of road infrastructure on the lands of a specific indigenous
community. In addition, the Convention particularly emphasizes the need to consult under
certain circumstances, including prior to exploration or exploitation of sub-surface re-sources
and prior to relocation and land alienation.
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Footnotes omitted
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