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Dams and Development E-Paper Contents

p. -1 of 74 BACK | NEXT Home Page of Dams and Development Foreword I. Why an e-paper on dams and development? II. Assessing options III. Participatory processes IV. Social impacts V. Environmental impacts VI. Benefit distribution VII. Dam safety and sustainability VIII. Existing projects IX. Improving governance X. What other organizations say XI. ADB, Dams, and Development XII. References Contact Us

International Labour Organization and Indigenous Peoples

The full text of the of the UN's ILO Convention No. 169 can be found on the ILO web site. To date the Convention has been ratified by 17 countries, from 13 from Latin America, 3 from Europe and one form the Pacific (Fiji). Some of the Conventions most relevant provisions to dam projects include:

Article 4: requires ratifying States to adopt special measures for safeguarding the persons, institutions, property, labour, cultures and environment of indigenous and tribal peoples

Article 5: establishes that ratifying States must recognize and protect the social, cultural, religious and spiritual values of indigenous and tribal peoples, and respect the integrity of their values, practices and institutions

Article 6: requires, among other things, that ratifying States consult indigenous and tribal peoples through appropriate procedures, particularly through their representative institutions when legislative or administrative measures that may directly affect them are being considered, and provides that States should establish means for the peoples concerned to develop their own institutions

Article 7: establishes, among other things, the right of indigenous and tribal peoples to decide their own priorities for the process of development and to exercise control over their own economic, social and cultural development, and establishes the obligation of ratifying States to take measures to protect and preserve the environment of the territories inhabited by these peoples

Article 8: requires States to take indigenous and tribal custom and customary law into account when applying national laws and regulations to the peoples concerned Article 12: safeguards their rights and provides for them to take legal proceedings for the effective protection of these rights.

Article 13: requires governments to respect the special importance to the cultures and spiritual values of indigenous and tribal peoples of their relationship with the lands or territories that they occupy

Article 14: establishes that ratifying States shall recognize the rights of ownership and possession of the peoples concerned over the lands that they traditionally occupy, and that States shall establish adequate procedures within the national legal system to resolve land claims brought by indigenous and tribal peoples

Article 15: protects the rights to natural resources pertaining to their lands and conservation of those resources

Article 16: deals with the relocation from their lands which should only take place in exceptional circumstances. In such cases, Article 16(2) states:

'Where the relocation of these peoples is considered necessary as an exceptional measure, such relocation shall take place only with their free and informed consent. Where their consent cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations, including public inquiries where appropriate, which provide the opportunity for effective representation of the peoples concerned'

The above text is based on material from UNHCHR Leaflet No 8: ILO and Indigenous Peoples and the ILO Convention.

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