BODY

Key Provisions

1. Self-Determination: Indigenous and tribal peoples have the right to self-determination within the nation-states they inhabit. This includes the right to maintain and develop their own institutions, cultures, and traditions.
2. Land Rights: The convention emphasizes the importance of land to indigenous and tribal peoples, recognizing their rights to the lands they traditionally occupy. It also calls for the protection of their rights to natural resources on these lands.
3. Participation and Consultation: Governments are required to consult with indigenous and tribal peoples through appropriate procedures and institutions whenever legislative or administrative measures may affect them. This ensures their active participation in decision-making processes.
4. Education and Training: The convention promotes the provision of education and vocational training tailored to the needs and cultures of indigenous and tribal peoples. It also supports the use of indigenous languages in education.
5. Health and Social Security: It calls for the improvement of health services and social security measures for indigenous and tribal peoples, ensuring these services are culturally appropriate.

Present Relevance and Significance

ILO Convention No. 169 remains highly relevant today as it provides a comprehensive framework for the protection and promotion of the rights of indigenous and tribal peoples. It has influenced various national and international policies and has been a cornerstone in the development of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

India’s Position

India has not ratified ILO Convention No. 169. The country has, however, ratified the earlier ILO Convention No. 107 (1957), which also addresses the rights of indigenous and tribal populations but with a more assimilationist approach. Despite not being a signatory to Convention No. 169, India has various constitutional provisions and laws aimed at protecting the rights of its tribal populations.