Download or read book The Requirement of Consultation with Indigenous Peoples in the ILO written by Maria Victoria Cabrera Ormaza and published by BRILL. This book was released on 2017-11-13 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.
Download or read book The Requirement of Consultation with Indigenous Peoples in the ILO Regime written by María Victoria Cabrera Ormaza and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Foundations of Modern International Law on Indigenous and Tribal Peoples written by Lee Swepston and published by BRILL. This book was released on 2015-06-24 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as a print set of two, see isbn 9789004373754 The International Labour Organization is responsible for the only two international Conventions ever adopted for the protection of the rights and cultures of indigenous and tribal peoples. The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced Convention No. 107, are the only international Conventions ever adopted on the subject, and Convention No. 169 is the only one that can now be ratified. This volume, and its companion to be published at a later date, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights Of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions in the ILO’s supervisory machinery, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject of indigenous and tribal peoples.
Download or read book Indigenous and Tribal Peoples written by Manuela Tomei and published by . This book was released on 1996 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by Oxford University Press, USA. This book was released on 2004 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Download or read book Implementing the ILO Indigenous and Tribal Peoples Convention No 169 written by International Labour Office and published by . This book was released on 2020-02-03 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1989, the ILO adopted the Indigenous and Tribal Peoples Convention No. 169. Since then, the Convention has been ratified by 23 countries, and has guided and inspired governments, trade unions and employers' organizations as well as indigenous peoples across the world in their work to promote and protect indigenous peoples' rights. Thirty years have passed since the adoption of Convention No. 169. This report presents the social and economic situation of indigenous women and men today by looking at key aspects such as population, employment and poverty, as well as the important strides made in public policies, particularly with regard to institutions, consultation and participation. It highlights the critical role of the Convention as a framework for social justice, peace, participatory democracy, and inclusive and sustainable development for all - which is necessary to achieve the Sustainable Development Goals and undertake meaningful climate action.
Download or read book The Foundations of Modern International Law on Indigenous and Tribal Peoples written by Lee Swepston and published by BRILL. This book was released on 2018-09-11 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as a print set of two, see isbn 9789004373754 The International Labour Organization is responsible for the only two international Conventions for the protection of the rights and cultures of indigenous and tribal peoples - the Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) that revised and replaced it, and Convention No. 169 is the only one that can now be ratified. This volume, together with its companion published in 2015, make clear that the basic concepts and the very vocabulary of international human rights on indigenous and tribal peoples derives from these two Conventions. The adoption in 2007 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and the ongoing discussions in the international human rights community about the relative merits, impact and legal validity of the UN and ILO instruments, make it all the more important to understand how Convention 169 was adopted. The author of this unique study was responsible for many years for the supervision of both Conventions by the ILO, and was intimately involved in the adoption of the 1989 instrument, as well as in international discussions on the subject. In writing this two-volume study, he foregoes a strict “travaux” approach, and discusses the organizational precedents and the subsequent practice under these instruments. The supervision of the application of these Conventions is very largely unknown in the wider human rights community, and even in the more specialized “indigenous community” that forms a special subset of human rights activists. This guide may be of some help in redressing that situation.
Download or read book Land and Cultural Survival written by Jayantha Perera and published by Asian Development Bank. This book was released on 2009-09-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Development in Asia faces a crucial issue: the right of indigenous peoples to build a better life while protecting their ancestral lands and cultural identity. An intimate relationship with land expressed in communal ownership has shaped and sustained these cultures over time. But now, public and private enterprises encroach upon indigenous peoples' traditional domains, extracting minerals and timber, and building dams and roads. Displaced in the name of progress, indigenous peoples find their identities diminished, their livelihoods gone. Using case studies from Cambodia, India, Malaysia, and the Philippines, nine experts examine vulnerabilities and opportunities of indigenous peoples. Debunking the notion of tradition as an obstacle to modernization, they find that those who keep control of their communal lands are the ones most able to adapt.
Download or read book The UN Declaration on the Rights of Indigenous Peoples written by Jessie Hohmann and published by Oxford University Press. This book was released on 2018-03-23 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
Download or read book A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples written by Catarina Woyames Dreher and published by Springer Nature. This book was released on 2024-01-05 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.
Download or read book The Rules of the Game written by Internationale Arbeitsorganisation and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ILO Convention on Indigenous and Tribal Peoples 1989 No 169 written by International Labour Office and published by International Labour Organization. This book was released on 2003 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose of this publication is to make it easier to understand and use ILO Convention No.169. This convention is the foremost international legal instrument which deals specificially with the rights of indigenous and tribal peoples". (text taken from introduction)
Download or read book The Indigenous Peoples Convention written by Annan Voskuil and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Private Employment Agencies written by Federation of Personnel Services of Great Britain and published by . This book was released on 1975 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report on a survey of private enterprise employment services in the office worker sector in the UK - discusses the effect of abolishing such agencies in regard to full time employment and temporary employment, the social cost of direct recruitment, the role of employment agencies in the reduction of frictional unemployment, the ratification of ILO Conventions, relations with trade unions, etc., and comments on the employment agencies act 1973 (labour legislation). References and statistical tables.
Download or read book Handbook of Indigenous Peoples Rights written by Damien Short and published by Routledge. This book was released on 2016-02-05 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.
Download or read book The Prior Consultation of Indigenous Peoples in Latin America written by Claire Wright and published by Routledge. This book was released on 2019-08-16 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delves into the reasons behind and the consequences of the implementation gap regarding the right to prior consultation and the Free, Prior and Informed Consent (FPIC) of Indigenous Peoples in Latin America. In recent years, the economic and political projects of Latin American States have become increasingly dependent on the extractive industries. This has resulted in conflicts when governments and international firms have made considerable investments in those lands that have been traditionally inhabited and used by Indigenous Peoples, who seek to defend their rights against exploitative practices. After decades of intense mobilisation, important gains have been made at international level regarding the opportunity for Indigenous Peoples to have a say on these matters. Notwithstanding this, the right to prior consultation and the FPIC of Indigenous Peoples on the ground are far from being fully applied and guaranteed. And, even when prior consultation processes are carried out, the outcomes remain uncertain. This volume rigorously investigates the causes of this implementation gap and its consequences for the protection of Indigenous Peoples’ rights, lands, identities and ways of life in the Latin American region. Chapter 8 and 18 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution 4.0 International (CC BY 4.0).
Download or read book International Environmental Law and International Human Rights Law in Investment Treaty Arbitration written by Giovanna E. Gismondi and published by Kluwer Law International B.V.. This book was released on 2023-08-22 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries. This timely and deeply researched volume identifies – and offers new insights into – the growing use of and reliance upon international environmental and human rights law in the arbitration of investor–State disputes. It presents a comprehensive and pragmatic approach to the most effective way to connect international investment law to the protection of human rights and the environment. Based on an analysis of 30 arbitral awards, this book demonstrates how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – highlights the human rights and environmental considerations connected with such factors as the following: the fair and equitable treatment (FET) clause; jurisdictional obstacles; treaty conflict; role of amici curiae; damages; tribunal’s dilution of the significance of environmental and human rights law; corporate social responsibility; free, prior, and informed consent; social license to operate; and (in)applicability of the systemic approach to the interpretation of investment treaties. As investment arbitration continues to be challenged by growing demands for greater public involvement and for participation of third parties that are affected by the proceedings, this book responds to the need to reshape the investment regime into more human rights and environmentally friendly system. It will prove an invaluable resource for arbitral institutions, academics, arbitrators, arbitration counsel, and other participants in investment treaty arbitration.
