10. International Labour Organisation (ILO)
Background
The International Labour Organisation (ILO) is a specialised agency of the United Nations (UN). It was founded in 1919 and became the first specialised agency of the UN in 1946.
Its main objectives are to promote social justice and international recognition of human and labour rights. It achieves this by formulating international labour standards in the form of conventions and recommendations which set minimum standards of basic labour rights and provides practical help to governments and others to implement these.
The ILO is unique in the UN system because it is not composed solely of State representatives. Rather, it has a tripartite arrangement in which each country is represented by the state, an employer and a worker representative.
Consideration of Traditional Knowledge
The ILO Convention No. 169 ("ILO 169") concerning Indigenous and Tribal Peoples in Independent Countries was the second international legal instrument to specifically address Indigenous and tribal peoples - its predecessor Convention No.107 ("ILO 107") being the first.
ILO 107
ILO 107 concerns the "Protection and Integration of Indigenous and Other Tribal and Semi-Tribal Populations in Independent Countries" and was adopted by the International Labour Conference in 1957. Governments at the time thought that the best way to protect the health and well-being of indigenous peoples was to assimilate and integrate indigenous peoples with other peoples within their countries. As the name suggests, the ILO 107 made it a duty of governments to integrate Indigenous peoples within their countries.
ILO 107 was rejected by Indigenous peoples around the world who called for the adoption of new standards that would recognise Indigenous peoples' rights to exist as separate, distinct peoples. The International Labour Conference adopted a new Convention, ILO 169, in 1989 which revised ILO 107. This means that the latter is no longer open to further ratifications; but it is still in force in those countries which ratified it and have not yet ratified ILO 169.
ILO 169
ILO 169 consists of 44 articles and is based on respect for cultures and their way of life, traditions and customary laws of Indigenous and tribal peoples. The underlying principle of ILO 169 is that Indigenous and tribal peoples will continue to be distinct parts of their national societies with their own structures and traditions. ILO 169 also recognises that Indigenous and tribal peoples have a right to take part in the decision-making processes of the States in which they live.
During 1988-1989, when ILO 169 was being drafted and adopted, Indigenous people actively participated at the meetings. In the case of New Zealand, the delegation was comprised of the government delegate, the then Secretary of Māori Affairs, and as the workers' delegate, a Māori union representative from the New Zealand Council of Trade Unions.
There is considerable debate surrounding the ratification of ILO 169. For example, some Indigenous people have rejected ILO 169, advising their governments not to ratify and preferring to wait until a better, more comprehensive and philosophically acceptable statement of Indigenous peoples' rights is drawn up.4
Others argue that while ILO 169 may not be perfect, it is better than anything else currently available. They support ILO 169 on the basis that it identifies Indigenous peoples' rights not specified elsewhere in international law or in many countries' domestic laws. Therefore, ratification by States could give the Indigenous peoples in that country more rights than they have at present.5
Project: Small Enterprise Development and Job Creation in the Culture Sector in the Southern African Development Community Region
The ILO has recently commissioned a set of five studies looking at the small enterprise development and job creation in the culture sector in the Southern African Development Community ("SADC") region.
The project focuses on 5 key areas that play an important role in terms of employment and income generation and offer potential for growth in local and international markets. The 5 areas of focus are: performing arts and dance; crafts and visual arts; the film and television industry; the music industry and the Ethno-tourism industry. The research has investigated how traditional knowledge within the SADC has been successfully utilised as a means of wealth generation. For more information on the studies, please visit ILO - Employment - Job Creation and Enterprise Development .
New Zealand Position
In 1999, the then Minister of Māori Affairs released a discussion document canvassing the issue of whether New Zealand should ratify ILO 169. Submissions received were generally supportive of ratifying ILO 169. New Zealand has not yet ratified ILO 169.
Acknowledgement
The Ministry of Economic Development would like to acknowledge the International Labour Organisation website for information used in preparing this fact sheet. For more information visit their website at International Labour Organization - ILO Web site .
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