A/HRC/15/35
peoples, the Committee on the Elimination of Racial Discrimination urged States parties to
ensure that members of indigenous peoples had equal rights in respect of effective
participation in public life and that no decisions directly relating to their rights and interests
were taken without their informed consent.8
16.
The International Covenant on Economic, Social and Cultural Rights contains
provisions affirming the right to participate in the economic, social and cultural life of the
State. In its general comment No. 20 (2009) on non-discrimination in economic, social and
cultural rights, the Committee on Economic, Social and Cultural Rights emphasized that the
principle of non-discrimination and equality, as articulated in article 2 (2) and reflected
throughout the Covenant, applies to all the rights contained in the Convention.9
A.
International Labour Organization Convention No. 169
17.
The International Labour Organization (ILO) Convention No. 169 (1989)
concerning Indigenous and Tribal Peoples in Independent Countries contains a number of
key provisions on the right to participation of indigenous peoples. The Convention itself is
grounded in the recognition of the aspirations of indigenous 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 State in which
they live; the rights of consultation and participation thus represent the cornerstone of the
Convention. Articles 2 and 33 of the Convention require States to institutionalize the
participation of indigenous peoples in policies that affect them, as an essential framework
for the proper application of the provisions of the Convention. These provisions provide for
States to develop coordinated and systematic action, with the participation of indigenous
peoples from the outset, to protect the rights of these peoples and to guarantee respect for
their integrity.10
18.
Articles 6, 7 and 15 of Convention No. 169 provide a general legal framework with
regard to the consultation and participation of indigenous peoples. Article 6 requires that
indigenous peoples be consulted in good faith through appropriate procedures and, in
particular, through their representative institutions, with the objective of achieving
agreement or consent, whenever consideration is being given to legislative or
administrative measures that may affect them directly. This applies to all levels of decisionmaking. Although the obligation to consult under the provisions of the Convention is
interpreted as not requiring that an agreement be reached with indigenous peoples, article 6
(2) nonetheless requires that there should be an “objective of achieving agreement or
consent” to the proposed measure.
19.
Article 7 establishes that indigenous peoples have, inter alia, 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 the extent
possible, to exercise control over their own economic, social and cultural development.
These provisions on consultation and participation are key provisions of the Convention
and establish an important basis for applying all the other provisions, although a number of
other provisions also make references to the duty of States in relation to consultation and
participation.11
8
9
10
11
6
Para. 4 (d).
Para. 2. See also the Committee’s general comment No. 21 (2009) on the right of everyone to take
part in cultural life, paras. 7, 21–24, 36–37.
Submission by the International Labour Organization (ILO).
ILO, International Labour Standards Department, Indigenous and Tribal Peoples’ Rights in Practice:
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