Newletter October 2009

Welcome to the PRO 169 electronic newsletter

The Programme to Promote ILO Convention No. 169 (PRO 169) is a global programme of the ILO to promote and implement the rights of indigenous peoples. Its overall objective is that indigenous and tribal peoples' rights are promoted and their socio-economic situation improved, in compliance with the principles of ILO Convention No. 169.

PRO 169 works in partnership with international, regional and national institutions, including indigenous peoples' organizations.

This is the second edition of PRO 169's electronic newsletter. Since the first edition in June 2009, there have been a number of developments within the programme including the initiation of activities in Central America and Bangladesh; organisation of various seminars and training programmes at Headquarters; new publications and further expansion of existing websites. PRO 169 has also undergone an external evaluation by three indigenous experts. In collaboration with the OHCHR, PRO 169 organised the celebration of the International Day of the World's Indigenous Peoples in Geneva.

Celebrating the International Day of the World's Indigenous Peoples

Since 1994, the international community and indigenous peoples all over the world have been celebrating August 9 as the International Day of the World's Indigenous Peoples. In the ILO, it has been an annual event at Headquarters as well as in some of the country offices.

This year, the Office of the High Commissioner for Human Rights jointly with the ILO organized the celebration of the International Day in Geneva. The celebration coincided with the 2nd session of the UN Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), which meant that a large number of indigenous representatives could attend the celebration.

The celebration was held on 10 August 2009 at Palais de Nations and it was opened by traditional greetings from the Ainu people of Japan, followed by remarks of Ms. Navanethem Pillay, High Commissioner for Human Rights; Mr. Sergei Ordzhonikidze, Director -General of the UN Office in Geneva; Ms. Jannie Lasimbang, Chairperson of the Expert Mechanism on Rights of Indigenous Peoples & Ms. Birgitte Feiring, Chief Technical Advisor of ILO's Programme to Promote ILO Convention No. 169 (PRO 169). Indigenous representatives from different regions of the world shared their cultural wealth through various artistic performances. The festivity ended with a community dance accompanied by drum beats and chant from the Mohawk Nation.

Chonchuirinmayo Luithui, PRO 169 Geneva
Email: g5normes@ilo.org

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PRO 169 in Central America: supporting the promotion and implementation of indigenous rights

Within the framework of co-ordinated and systematic action for the promotion and implementation of indigenous peoples' rights in Latin America, in July 2009 the Programme to Promote ILO Convention No. 169 (PRO 169) began providing ongoing technical and legal assistance in Central America.

The aim is in line with the provisions of Article 2.1 of Convention No. 169, which requires "...co-ordinated and systematic action to protect the rights of these peoples and to guarantee respect for their integrity." The priority countries are: Guatemala, Honduras, Nicaragua and Panama (first stage).

The PRO 169 work in Central America is coordinated in Guatemala, with assistance from the ILO's Subregional Office for Central America, Haiti, Panama and the Dominican Republic.
Guatemala (1996) and Honduras (1995) are among the 20 countries in the world that have ratified Convention No. 169. In this regard, helping with the right to prior consultation and participation of the indigenous peoples through planned co-ordination with governments is a key tool in the implementation and compliance of Convention No. 169. In Nicaragua and Panama, PRO 169 will encourage governments and indigenous peoples to ratify Convention No. 169 by promoting national dialogue, training activities and widespread dissemination of the Convention.

The AECI and European Commission are partners in this new ILO PRO 169 challenge in Central America.

Carlos Lacan, National Coordinator, PRO 169, Guatemala
Email: carloslacan@gmail.com

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Scaling up national level activities in Bangladesh

The ILO Office in Dhaka has recently appointed a National Coordinator to scale up activities related to indigenous peoples in Bangladesh, building upon previous work undertaken in the country.

Forthcoming national level activities will focus on capacity building of government, indigenous peoples and civil society actors; strengthening monitoring and reporting mechanisms on ratified ILO conventions; awareness-raising campaign for the ratification of ILO Convention No. 169 and development of mechanisms and spaces for dialogue and coordination between government institutions and indigenous peoples.

A national project entitled "Building Capacities on Indigenous and Tribal Peoples" Issues in Bangladesh: Rights and Good Practices' is under formulation. The project aims to set the initial ground work for a longer-term strategy of capacity-building and advocacy at the national level, to ensure the integration of indigenous peoples' rights in the legal and policy development in the country.

The Ministry of Chittagong Hill Tracts Affairs (MoCHTA) will play a coordinating role in mobilizing relevant line ministries and authorities to constructively engage in the promotion of indigenous peoples' rights through training, awareness raising, dialogue and exposure visit. In addition, indigenous peoples' organizations will be key implementing partners for national and regional level activities.

Abhilash Tripura, National Coordinator, PRO 169, Dhaka
Email: abhilash@ilo.org

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Regional African Seminar on Good Practices

Regional African Seminar on Good Practices: Experiences, lessons learned and challenges concerning the implementation of indigenous peoples' rights
24- 28th June 2009, Nairobi, Kenya.

PRO 169 in collaboration with the Kenya National Commission for Human Rights (KNCHR) and Pastoralist and Hunter Gathers and Ethnic Minorities Network (PHGEMN) organized an African regional seminar that brought together over 60 representatives of indigenous peoples government, the academe and the African Commission on Human and Peoples Rights (including the Working Group on Indigenous Peoples/Communities). The seminar was support by the European Commission's European Instrument for Democracy and Human Rights (EIDHR)

The seminar promoted the implementation of indigenous peoples' rights in the African region through discussion and dissemination of experiences, good practice and lessons learned and provided an opportunity for government and indigenous institutions to assess their specific needs for capacity building and technical assistance and strengthen networking at the regional level.

The seminar was preceded by a community visit to Kadjiado - an ancestral territory of the Maasai close to Nairobi - which is now a cosmopolitan district in the making. The visit highlighted the challenges faced by many indigenous communities in the name of national socio-economic, political and cultural and development.

Ms Florence Simbiri Jaoko, Chairperson of the KNCHR, officially opened the seminar, which was also attended by Hon. William K. Cheptumo, Member of Parliament of the District of Baringo North, the Assistant Minister of Justice, representative of the National Cohesion and Constitutional Affairs and Ms Brigitte Feiring, the Chief Technical Assistance of PRO 169.

The highlights of the seminar's discussion were the key challenges facing indigenous peoples in Africa and some of the opportunities to promote indigenous peoples' rights in the region. The seminar was concluded by a statement of intent, addressed to various actors (www.ilo.org/indigenous/.../Africa/... ).

Delegates recognized the immense support provided by the ACHPR through its Working Group on Indigenous Issues. The collaboration between the ACHPR and the Centre for Human Rights, University of Pretoria, with the support of the EIDHR, has culminated in the very comprehensive "Overview report on the constitutional and legislative protection of the rights of indigenous peoples in 24 African countries". The report was recognized as a major milestone in the African region and in itself an example of good practice.

The delegates further applauded the role of ILO in documenting good practices towards the realization of indigenous peoples' right, thereby contributing to the poorly developed body of knowledge and information in the field of human rights for indigenous peoples in the region. The ILO's guide on Indigenous and Tribal People's Rights in Practice - a Guide to ILO Convention No. 169 was noted and welcomed as a crucial advocacy tool for the advancement of indigenous peoples' rights.

Johnson Ole Kaunga, PRO 169 Consultant, Kenya
Email: olekaunga@yahoo.com

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Main recommendations & conclusions of the Overview Report on indigenous peoples in 24 African countries

The "Overview report on the constitutional and legislative protection of the rights of indigenous peoples in 24 African countries" is the result of a three-year research project on the protection of indigenous peoples' rights in Africa, undertaken by the ILO in collaboration with the African Commission on Human and Peoples' Rights (ACHPR). The project was supported by the EIDHR. The report was adopted by the ACHPR at its 45th session held in Banjul, the Gambia, in May 2009.

The report summarizes the main findings of 24 country studies covering all regions of Africa, organizing them around eleven thematic areas, including recognition and identification, non-discrimination, consultation, participation, education, land, natural resources, etc.

Based on such findings, the report concludes that "it is an undeniable reality that indigenous peoples exist in many African States" and that they cover "a diversity of ethnicities, life-styles, cultures and languages". While acknowledging that "the overriding picture is one of government neglect and negation of the plight of these peoples", the report also finds that "significant opportunities do exist for the protection of these peoples within existing legal frameworks in a number of African countries".

The overall conclusions and recommendations of the report, as well as the conclusions regarding each thematic area, will be available shortly on the ILO website as well as on the website of the Centre for Human Rights of the University of Pretoria (www.chr.up.ac.za/indigenous/) together with the full version of the overview report.

Stefania Errico, PRO 169 & Equality Team, Geneva
Email: errico@ilo.org

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PRO 169 External Evaluation

Recently, PRO 169 underwent an external evaluation by three indigenous experts from Africa, Asia and Latin America. They were Mr. Joseph Mokinyo Simel, Ms. Shimreichon Luithui-Erni and Ms. Myrna Cunningham. They were later joined by Ms. Elsebeth Tarp from the Danish Ministry of Foreign Affairs (Danida), which has provided core-funding for PRO 169 for a number of years. The main purpose of the evaluation was to assess the results achieved so far under the Danish partnership, but the evaluators were also requested to provide recommendations for further strengthening the programme implementation.

Through Danida's support, PRO 169 has considerably expanded its scope during the recent years with additional funding from the Spanish Agency for International Development Cooperation, the European Commission as well as decentralised funding for country programmes in Nepal, Cambodia and Bangladesh

Overall, the evaluation team concluded that the strategy of combination of standard-setting and supervisory mechanisms with technical assistance had created synergies and contributed to bringing together indigenous peoples, trade unions, policy makers and others, thereby furthering dialogue for better understanding and peaceful resolution of conflicts. The team also valued the combination of information dissemination, skills development and the use of various entry points to address indigenous peoples' issues. Particularly the dissemination of information and tools which can be adapted and used in different contexts was seen as strategic. The evaluation team made a series of recommendations, including for the further institutionalization of the work relating to indigenous peoples within the broader structures of the ILO.

Morse Flores, PRO 169, Geneva
Email:floresm@ilo.org

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PRO 169 Websites

www.pro169.org: PRO 169 has recently developed and launched an online training website on indigenous peoples' rights, which features all the necessary materials for a one-week course on indigenous peoples' rights and development, including video-interviews with ILO officials and partners, power point presentations (some with speeches), documentary films, background documents, etc. The training website is now available in English, Spanish and French.

The above mentioned training materials are available to partners in a "training tool box", comprising 1 CD-ROM and several DVDs, which can be ordered by filling the order form in the training website mentioned above. Printed copies of key materials for distribution can be provided upon request by sending an e-mail to: pro169@ilo.org

www.ilo.org/indigenous This is the ILO website on indigenous and tribal peoples. The site provides a broad overview of the ILO's work with indigenous and tribal peoples and in particular, information about the two international instruments on indigenous and tribal peoples that the ILO has adopted (ILO Conventions No. 107 and No. 169), the role of the ILO in supervising the implementation of these Conventions and the technical cooperation and assistance of the ILO to indigenous and tribal peoples and to ILO member states (PRO 169). The website also provides links and information on other ILO Conventions that are relevant for indigenous peoples, particularly the ILO Conventions on discrimination, child labour and forced labour and related programmes in Africa, Asia and Latin America. The website has a special section on resources, where a broad range of publications, studies, guidelines and training materials are available.

Morse Flores, PRO 169 Geneva
Email: floresm@ilo.org

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Fellowship Programme

Since 2004, the ILO contributes on an annual basis to the Indigenous Fellowship Programme of the Office of the High Commissioner for Human Rights.

This year, the programme for the English-speaking indigenous and monitory fellows took place from 29 June to 19 July at the ILO Headquarters, Geneva. The indigenous fellows came from the following communities: Karamojong (Uganda), Onemulla, Yamatji (Australia), Ilchamus (Kenya), West Papua (Indonesia), Matigsalug (Philippines). The minority fellows were: Afro-descendant (Costa Rica), Lebanese Muslim (Australia), Christian (Pakistan) and Uzbekh (Kyrgyzstan).

The Spanish speaking indigenous fellows were at the ILO from the 3-7 August. Tthey were from the following communities: Wiwa (Colombia), Maya (Guatemala), Colla (Argentina), Quechwa (Peru and Bolivia).

It has become a practice that the ILO combines the Fellowship Programme with training for additional participants, including ILO staff & interns from the Headquarters and field offices, government representatives and project partners in order to increase cost efficiency and diversity of inputs and knowledge. The main objective of the ILO component of the programme is that the fellows gain understanding of the ILO standards concerning the rights of indigenous and tribal peoples. The training focuses particularly on Conventions Nos. 107 & 169 but fundamental ILO Conventions regarding forced labour, child labour, discrimination as they relate to the situation of indigenous peoples. Particular attention is given to experiences and good practices for implementation as well as the functioning of the ILO supervisory mechanisms.

Morse Flores, PRO 169 Geneva
Email: floresm@ilo.org

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ILO Training Course on Indigenous Peoples' Rights and Development

From 19-23 October 2009, PRO 169 is organizing the 5th International Training Course on Indigenous Peoples Rights & Development in collaboration with the ILO Training Centre in Turin, Italy.

The course will be held in English and Spanish with simultaneous interpretation in order to facilitate sharing of experience between different regions of the world. This course aims to enable participants to acquire an in-depth knowledge of the main ILO and UN instruments concerning indigenous peoples' rights and other ILO instruments that are relevant to indigenous peoples; acquaint participants with the main international institutions, processes and networks relevant to indigenous peoples and enable them to provide policy advice concerning indigenous peoples' rights and development.

The course is designed for those who are involved in the promotion, design or development of policies, strategies and projects that directly concern or affect indigenous people, such as civil servants from government institutions; members of national human rights commissions; representatives of indigenous peoples and their organizations; representatives of NGOs and officials of bilateral and multilateral agencies.

Morse Flores, PRO 169 Geneva
Email: floresm@ilo.org

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New Publications

For the last four years, PRO 169 has been working with partners across the globe to develop two documents, now published, to contribute to the promotion and implementation of the rights of the world's indigenous people.

"Application of Convention No. 169 by Domestic and International Courts in Latin America - a Case Book"

is essentially a summary of judicial decisions adopted in 11 Latin American countries, including Inter-American System reports. It highlights how the continent's courts at all levels have based their decisions on ILO Convention No. 169 in rendering their judgments. These judgments have been highly determinative in changing the course of situations in which some indigenous peoples have found themselves involving human rights violations.

It is hoped that this tool will be useful for judges, lawyers, teachers and indigenous peoples and their organizations as regards the defence of their rights. Although the cases are from Latin America, it is hoped that they will also be useful to actors in other regions interested in the issue.

The publication is available in Spanish and English.

 

The other publication is "Implementing Indigenous Peoples' Rights: A Practice Guide to ILO Convention No. 169". The Guide summarizes the experiences, best practices and lessons learned in the implementation of indigenous rights across the globe. Though making no claims to offer a model for implementation, the Guide is a catalogue of ideas that can be used as a manual by indigenous organizations and governments as they see fit, and is based on sources of information such as analyses and comments made by ILO leadership bodies, case studies and short examples of experiences.

The Guide is available in Spanish, English, French and Russian.

Karmen Ramirez-Boscan: Intern, PRO 169 Geneva
Email: g1normes@ilo.org

The ILO Office in Dhaka and PRO 169 has recently published a book entitled "The ILO Convention on Indigenous and Tribal Populations (No. 107) and the Laws of Bangladesh: A Comparative Review", authored by Barrister Raja Devasish Roy.

The Review comprises an in-depth analysis of national laws and policies relevant to indigenous peoples vis-à-vis the provisions of ILO Convention No. 107 on Indigenous and Tribal Populations, which Bangladesh ratified in 1972. The book provides clear recommendations for different stakeholders and will thus provide a useful resource for government officials, the ILO and its constituents, development agencies, political leaders, indigenous peoples and their organizations and others, who are concerned with the complex issues facing indigenous peoples in Bangladesh and across the world today.

Abhilash Tripura, National Coordinator, PRO 169, Dhaka
Email: abhilash@ilo.org

All publications can be downloaded from the website: www.ilo.org/indigenous
Hard copies can be requested by sending an e-mail to: pro169@ilo.org

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Contacts

If you require further information on anything you have read in this newsletter, advice, copies of our publication, please do not hesitate to contact us:

Programme to Promote ILO Convention No. 169 on Indigenous and Tribal Peoples (PRO 169)
International Labour Standards Department
International Labour Office
Route des Morillons, CH - 1211 Geneva 22
Switzerland
Email: pro169@ilo.org

In order to access a comprehensive series of resource materials, documents, publications, training materials and relevant country and thematic information, please visit: www.ilo.org/indigenous www.ilo.org/indigenous

In addition, PRO 169 has launched an online training website on indigenous peoples' rights which features background materials, video interviews, Power Point presentations and documentaries on various themes and issues: pro169.org

All materials on the training website are also available in hard copies and/or on CD-ROM upon request by sending an e-mail to: pro169@ilo.org

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