Newsletter. The ILO and Indigenous and Tribal Peoples. April 2005

Transcription

1 Newsletter The ILO and Indigenous and Tribal Peoples April 2005

2 2 Contents Contents 2 I. INTRODUCTION 3 ILO web pages on indigenous and tribal peoples 3 Editorial: The ILO and indigenous rights - the road ahead 4 II. INTERNATIONAL AND INTERREGIONAL ACTIVITIES 6 Indigenous peoples and MDGs 6 Indigenous and tribal peoples and Poverty Reduction Strategy Papers (PRSPs): policy issues and challenges 7 Studies on indigenous peoples and poverty reduction strategies in Cambodia and Cameroon 9 Time to end forced labour in Andean countries 10 Workshop on Free Prior and Informed Consent (FPIC) and Indigenous Peoples 11 Indigenous Fellowship Programme 12 Interview with Yuuki Hasegawa, Ainu, Japan, and Tony Khular, Lamkang, India, who participated in the ILO fellowship programme 2004: 12 III. COUNTRIES AND REGIONS 15 n Asia 15 ILO Convention No. 169 and peace-building in Nepal 15 Community driven development in the Philippines 16 Testing indigenous community-driven education approaches against child labour in the Philippines 16 Decent employment for tribal peoples in India 16 Improving the legislative and policy environment for indigenous peoples in Cambodia 17 Case study on ILO work and indigenous peoples in Cambodia 18 n Africa 18 Project to examine indigenous customary law in Morocco 18 Legal protection of indigenous rights in Cameroon 19 Upcoming: National workshop in Yaoundé, Cameroon, June n Latin America and the Caribbean 20 IPEC and indigenous children in Latin America and the Caribbean 20 Understanding child labour in indigenous communities, Peru and Costa Rica 21 Indigenous children in the domestic service sector, Guatemala 21 Eliminating the worst forms of child labour through education, Honduras 21 Prevention and elimination of child labour in the Mayan villages of Toledo, Belize 21 IV. CONTACT 23

3 Introduction 3 I. INTRODUCTION The International Labour Organization (ILO) is the UN specialized agency which seeks the promotion of social justice and internationally recognized human and labour rights. It was founded in 1919 and became the first specialized agency of the UN in The ILO has a unique tripartite structure with workers and employers participating as equal partners with governments in its governing organs. The ILO formulates international labour standards in the form of Conventions and Recommendations, and provides technical assistance that is linked to these standards. The ILO has adopted two international legal instruments that pertain specifically to indigenous and tribal peoples: The Indigenous and Tribal Populations Convention, 1957 (No. 107) and the Indigenous and Tribal Peoples Convention, 1989 (No. 169). Convention No. 107 is no longer open for ratification, but remains in force for 18 countries 1. Convention No. 169 has been ratified by 17 countries 2 and is internationally recognized as the foremost instrument on the subject. It covers a wide range of issues, including land rights, access to natural resources, health, education, vocational training, conditions of employment and contacts across borders. The ILO has been working with indigenous peoples since the 1920s. Besides adopting the two Conventions on indigenous and tribal peoples rights and supervising their application, the ILO is engaged in a broad range of activities that address issues pertaining to these peoples. This newsletter informs about ILO activities that promote indigenous and tribal peoples rights around the world and puts this information in the context of the broader work of the ILO and the UN system. ILO web pages on indigenous and tribal peoples The ILO maintains a comprehensive website on indigenous and tribal peoples, which is now available in English, Spanish and French ( This site contains a wide range of information on ILO standards relevant to these peoples as well as their implementation and supervision. It also contains links to the web pages of individual ILO projects and programmes, such as the INDIS- CO Programme, PRO 169, and the ILO office in Costa Rica s indigenous web pages. Through these web pages, a considerable number of publications are accessible, among them the Manual on Convention No. 169, ILO submissions on indigenous issues to UN bodies, as well as various studies and other relevant materials on issues related to indigenous peoples. Supervision of ILO Conventions Besides Conventions Nos. 107 and 169, a number of other ILO Standards are of relevance to indigenous and tribal peoples. These include, but are not limited to: the Forced Labour Convention, 1930 (No. 29); the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Worst Forms of Child Labour Convention, 1999 (No. 182); and the Declaration on Fundamental Principles and Rights at Work. The ILO Constitution requires member States to submit periodic reports on the measures taken to apply ratified Conventions. The Committee of Experts on the Application of Conventions and Recommendations (CEACR), a body of 20 independent experts, examines these reports. Its comments take the form of observations or direct requests which governments are thus committed to follow. Observations are the CEACR s public comments on the application of ILO Conventions. They highlight areas of progress as well as areas of concern. They might also ask for further information on certain topics. Observations are published every year in book format, and on the internet. In contrast, direct requests are sent directly to the government in question and are made public later. In addition to the regular reporting, the ILO also has a number of special procedures to deal with alleged violations of ratified Conventions. Further details can be found on the ILO s indigenous and tribal peoples website at /indigenous and on the ILO s database ILOLEX at n 1 n 2 Angola, Bangladesh, Belgium, Cuba, Dominican Republic, Egypt, El Salvador, Ghana, Guinea-Bissau, Haiti, India, Iraq, Malawi, Pakistan, Panama, Portugal, Syrian Arab Republic and Tunisia. Argentina, Bolivia, Brazil, Colombia, Costa Rica, Denmark, Dominica, Ecuador, Fiji, Guatemala, Honduras, Mexico, Netherlands, Norway, Paraguay, Peru and Venezuela

4 4 Editorial: The ILO and indigenous rights - the road ahead As I move from many years of being directly responsible for questions relating to indigenous and tribal peoples, to a looser association with the subject in my new job, my first impulse is to talk about what we have achieved in this fascinating field. And indeed, a great deal has happened: the adoption of Convention No. 169, a new consciousness of the place and role of indigenous and tribal peoples in societies around the world, increasing account taken inside the ILO of the special needs, requirements and contributions of these peoples in the process of national development a great deal indeed. But the more I thought about it the more I wanted to say something about the future of the subject. The ILO has been the lead agency on the situation of indigenous and tribal peoples since the early 1950s, and while attention to the subject has wavered from time to time, the ILO is still in the lead. What does this demand of us? First of all, it demands continued attention to mainstreaming this issue. This has been a subject of some questioning by some of our constituents, as indigenous issues do not fall easily within an industrial relations framework why does the ILO deal with land rights? Why do we deal with bilingual education? And of course there are several answers to these questions. 3 One is that the ILO has been given a mandate by the UN system, endorsed by the Conference in 1957 and again in 1989, to adopt standards on behalf of the whole system, on a subject the UN has conspicuously failed to advance. But another is that indigenous and tribal peoples everywhere in the world are the ILO s constituents. They are workers, usually in the informal economy and if they have entered monetary economies they are the most excluded, most exploited workers in every country where they live. This is not a marginal issue for work, or for poverty, or for development it is core. The In-focus Programme to Promote the ILO Declaration on Fundamental Principles and Rights at Work (Declaration) and the International Programme on the Elimination of Child Labour (IPEC), as well as other parts of the house, have found that when they are looking at discrimination, forced labour or child labour, in much of the world they are looking at indigenous peoples. It is time we made a more thorough and systematic examination of how this affects employment policy, gender equality, safety and health, conditions of work, social security, contributions to achieving the Millennium Development Goals (MDG), statistics, application of Conventions on other subjects all the subjects where our concerns ought to be concentrated on the worst off. Second, we must continue to exercise a lead role in the international community. ILO standards are the only ones adopted on this issue since the beginning of the ILO and the League of Nations. Convention No. 169 is therefore and perhaps also because it is a pretty good instrument the basis for standards and policies adopted by the World Bank, the Asian and American Development Banks, the UNDP, the European Commission, several governments, and still others. The ILO has been key in the Inter-Agency Support Group for Indigenous Affairs (IASG), and in making the Permanent Forum on Indigenous Issues (UNPFII) a functioning body. We have taken on a responsibility in the international community, and we should continue to exercise it. We also have a responsibility to the 350 million or so indigenous and tribal peoples in the world. Over the last 15 years I have been to meetings of indigenous and tribal peoples where participants arrived with battered copies of the Convention in languages I had never heard of, carefully tucked into their pockets. Tribal people in countries where their governments do not admit the concept of indigenous look to us as the only possibility for them to claim the rights being discussed in the UN under that narrow label. NGOs with no formal access to the ILO search for ways to get their information before us. And an increasing number of governments are coming to the ILO for help in developing policies to cope with a growing awareness that their countries are multicultural and multiethnic. Often it is done quietly, sometimes with more fanfare but it is a steady progression. And we find that governments sometimes approach us and ask us to carry out development of policies for indigenous and tribal peoples, and that they will contribute to it. The promotion of indigenous and tribal peoples rights is a subject of endless fascination, but insufficient resources. I am grateful that many colleagues have understood the roles of the Convention, and the importance of the subject, in advancing the ILO s wider agenda. We have not yet had the impact we should have, and in many parts of the world the situation of indigenous and tribal peoples is more under threat than it was when Convention No. 169 was adopted. But in many other countries in fact, often in the same countries advocates for development and human rights know where they can turn for inspiration, and often for help. Keep at it colleagues. There s a long way to go. Lee Swepston n n 3 Lee Swepston is Senior Adviser on Human Rights in the ILO. Until 1 March 2005 he was Chief of the Equality and Employment Branch of the International Labour Standards Department, and Coordinator for Human Rights. From 1973 to 2005 he was responsible for supervision of the ILO's Conventions on indigenous and tribal peoples, among others; and was closely involved in the adoption of Convention No. 169 in In 1985 when the Governing Body decided to include the adoption of Convention No. 169 on the Conference agenda, Mr. Blanchard called me behind the podium to meet with his much more senior advisers. One of them said, But Director General, they can t have decided this. There is no constituency for it in the ILO! And the Director-General replied, Si - moi. The Conference discussions in 1988 and 1989 showed that in fact he was not alone.

5 5 PRO 169 and its priority areas for the coming years This newsletter has been prepared by the ILO s Project to Promote ILO Policy on Indigenous and Tribal Peoples (PRO 169). The primary aim of PRO 169 is to ensure the promotion and protection of indigenous and tribal peoples human rights through legislative and policy development based on ILO standards, and through capacity-building for these peoples. The project commenced in 1996 and is financed by Danish Development Assistance (DANIDA). The principal geographical focus of the project is on Africa and Asia. PRO 169 has defined a number of priority areas for the coming years. Associated initiatives will aim to promote indigenous and tribal peoples rights through implementation of the principles of ILO Convention No n The first priority addresses the issue of indigenous rights at a global scale through the documentation and exchange of good practices for implementation of Convention No The experiences of the ILO clearly indicate that a focus on good practices and lessons learned from practical implementation is crucial for achieving a fruitful dialogue with governments on indigenous issues. In order to build a constructive argument to promote national, regional and international dialogue, and to advance the application of fundamental principles of the Convention, there is an urgent need to document existing experiences and good practices related to implementation, with special reference to the principles of consultation and participation. The lessons learned and good practices emerging from these cases will be broadly disseminated and discussed among key actors in Africa, Asia and Latin America. n The second priority addresses the situation of indigenous peoples in the African region, by supporting the African Commission on Human and Peoples Rights (ACHPR) in its groundbreaking work on indigenous issues in the African context. ILO support to the ACHPR will be in the context of research on constitutions and legislation in African countries and a subsequent analysis of the need for further protection of indigenous rights, including the special needs of indigenous children and women. In co-operation with the ACHPR, the ILO will promote a regional dialogue to discuss the main results of the research and define follow-up initiatives at regional and national levels, including identification of specific needs for technical assistance to be addressed by the ILO. The ILO will pay special attention to the involvement of indigenous women in the dialogues. n The third priority has been identified as training. The ILO will engage in training at both headquarters and regional levels, in order to address the specific capacity-building needs of indigenous organizations, governments and ILO staff at different levels of intervention. In addition, the Project will strengthen its contribution to the Indigenous Fellowship Programme of the Office of the United Nations High Commissioner for Human Rights. n The fourth priority aims at building the capacity of governments and indigenous institutions in Cameroon, Cambodia, India, Nepal and Bangladesh, to ensure the implementation of the principles of relevant ILO Conventions on indigenous and tribal peoples rights (Nos. 107 and 169). In some of the countries, the activities will address the ethnic dimension of conflict situations and seek solutions at the national level to tackle social exclusion of indigenous peoples, thus contributing to lasting peace and stability.

6 6 International and interregional activities II. INTERNATIONAL AND INTERREGIONAL ACTIVITIES Indigenous peoples and MDGs The MDGs are derived from the Millennium Declaration, which recognizes and reaffirms human rights treaties, implying that a State cannot achieve the MDGs while disregarding human rights principles, including the principle of non-discrimination. Indigenous and tribal peoples have been largely absent from the process of developing strategies and indicators as well as that of monitoring and reporting progress for achieving the MDGs. The Inter-Agency Support Group on Indigenous Issues (IASG), a group comprised of various UN programmes, departments and agencies including the ILO, is concerned that this omission may lead to the exclusion of indigenous peoples from sharing the benefits of the MDGs and may in fact impact adversely on their communities. As a contribution to the Fourth Session of the UNPFII, the IASG has prepared a position paper that outlines the specific challenges related to indigenous peoples development and the steps necessary to ensure that these peoples benefit from general progress towards the MDGs. Some of the issues highlighted in the paper are that: n National economies and societies stand to gain from ending the marginalization of indigenous peoples; n Rights-based approaches and good governance are key issues for achieving the MDGs for indigenous peoples; n The alignment of the MDGs with indigenous rights and priorities necessitates participatory needs assessments and the development of specific indigenous peoples strategies for reaching the MDGs; n Indigenous peoples should be fully involved in the discussion, definition, monitoring and evaluation of strategies to achieve the MDGs; and n The establishment of mechanisms for consultation and participation that build on the fundamental principles of free and prior informed consent and full participation in the development process is the starting point for undertaking participatory needs assessments and developing indigenous strategies for achieving and monitoring the MDGs. The ILO and the Millennium Development Goals (MDG) The Millennium Development Goals (MDGs) were developed by the UN Development Group based on the adoption of the Millennium Declaration in 2000 by the UN General Assembly. They comprise eight specific goals to be attained through development policies within a specified time-frame. For each goal one or more targets have been set, most for 2015, using 1990 as a benchmark: n Goal 1. Eradicate extreme poverty and hunger n Goal 2. Achieve universal primary education n Goal 3. Promote gender equality and empower women n Goal 4. Reduce child mortality n Goal 5. Improve maternal health n Goal 6. Combat HIV/AIDS, malaria and other diseases n Goal 7. Ensure environmental sustainability n Goal 8. Develop a global partnership for development The ILO is greatly involved in the MDG process and the organization s specific reporting role focuses on the Goals 3 and 8. The ILO has also participated in the Millennium Project s UN Expert Group, mainly through its involvement in Task Force 1 (Poverty and Economic Development) and Task Force 3 (Primary Education and Gender Equality). In addition, the ILO has commented extensively on the UN Millennium Project s draft report "A Global Plan to Achieve the Millennium Development Goals", which was submitted to the UN Secretary-General in January 2005.

7 7 The World Commission on the Social Dimension of Globalization The ILO s commitment to the rights of indigenous peoples was forcefully reasserted through the World Commission on the Social Dimension of Globalization. This commission was established by the ILO in February 2002 and released its report, A Fair Globalization: Creating Opportunities for All in February Among other things, the report highlights that indigenous peoples have suffered severely, where their integration into the global economy occurred without their free and prior informed consent and without adequate protection of their rights, livelihoods, and culture. It points out that there is an urgent need to recognize and defend the rights of indigenous and tribal peoples to their territories and resources, their cultures and identity, their traditional knowledge and their right to self-determination. The authors of the report conclude that there is a critical need for both national and local authorities to ensure that the rights of indigenous peoples are protected and discrimination against them is eliminated, including the effective implementation of legislation where it exists, and the development of appropriate legislation where it is absent. On 2 December 2004, the UN General Assembly adopted by consensus a resolution that calls on Member States and UN organizations to consider the Commission s report within the framework of the high-level review of the Millennium Declaration in This initiative brings the concern for indigenous peoples rights into the mainstream of the debate about how to achieve a fully inclusive and equitable globalization, and puts the promotion of these rights high on the agenda of the ILO. The position paper can be found on the UNPFII s website: Birgitte Feiring n UN Millennium Project The final report of the UN Millennium Project, an independent advisory body to the UN Secretary- General, was presented to Secretary-General Annan on 17 January It contains an operational framework that is intended to allow even the poorest countries to achieve the Millennium Development Goals by Unlike earlier drafts, it contains a number of important references that highlight the importance of a special focus on the needs and rights of indigenous and tribal peoples in MDG-based strategies. The report and associated material can be found on the Millennium Project s website: Indigenous and tribal peoples and Poverty Reduction Strategy Papers (PRSPs): policy issues and challenges Indigenous peoples represent about 5 percent of the world s population, but over 15 percent of the poor 4. The incidence of extreme poverty is higher among them than among other social groups, and generally, they benefit much less than others from overall declines in poverty. Indigenous and tribal women experience the same disadvantages as their male peers, but often encounter additional barriers related to their gender and age. As a result, the deprivations they experience are often harsher than those of indigenous men. The widening of ethnic inequalities in countries where indigenous and tribal peoples live demonstrates that conventional anti-poverty policies fail to tackle the social and economic exclusion facing these peoples. This must be redressed not only for their own benefit, but also for reasons of social equity and policy effectiveness. This requires that social and economic policies recognize and accommodate indigenous and tribal peoples needs, aspirations and rights. As distinct peoples, they have special rights (group rights) that include, among others, the right to be different and to influence decisions affecting their livelihoods and future. Since 1999 Poverty Reduction Strategy Papers (PRSP) have become the overall framework for lending, debt relief and development cooperation in low-income countries. They are intended to contribute to the achievement of the MDGs in the countries concerned. The processes leading to the definition of national PRSPs are intended to be open and participatory and to reach out to traditionally marginalized groups. Related guidelines, however, are silent on involving indigenous and tribal peoples. n 4 World Bank: Implementation of Operational Directive 4.20 on Indigenous peoples: an independent desk review, Report No , January 10, 2003, Operations Evaluation Department, Country Evaluation and Regional Relations (OEDCR), World Bank (Washington D. C).

8 8 DECLARATION Adopted in 1998, the ILO Declaration on Fundamental Principles and Rights at Work is an expression of commitment by governments, employers' and workers' organizations to uphold basic human values. The Declaration covers four areas: n Freedom of association and the right to collective bargaining; n The elimination of forced and compulsory labour; n The abolition of child labour; and n The elimination of discrimination in the workplace. The Declaration commits Member States to respect and promote principles and rights in these four categories, whether or not they have ratified the relevant Conventions. The Declaration makes it clear that these rights are universal, and that they apply to all people in all States - regardless of the level of economic development. It particularly mentions groups with special needs, including the unemployed and migrant workers. It recognizes that economic growth alone is not enough to ensure equity, social progress and to eradicate poverty. The Declaration and its Follow-up provide three ways to help countries, employers and workers achieve the full realisation of the Declaration s objectives. Firstly, there is an Annual Review composed of reports from countries that have not yet ratified one or more of the ILO Conventions that directly relate to the specific principles and rights stated in the Declaration. Next, the Global Report each year provides a dynamic global picture of the current situation of the principles and rights expressed in the Declaration. Technical co-operation projects - the third way to give effect to the Declaration - are designed to address identifiable needs in relation to the Declaration and to strengthen local capacities thereby translating principles into practice. In the framework of the Follow-up action on the Elimination of Discrimination at Work, the ILO is finalizing an ethnic audit of PRSPs in 14 countries. The goal of the audit is to ascertain whether and how the rights, needs and aspirations of indigenous and tribal peoples have been taken into account and whether they have been involved in the consultations leading to the formulation of PRSPs. The 14 countries include: Bangladesh, Bolivia, Cambodia, Guyana, Honduras, Kenya, Lao PDR, Nepal, Nicaragua, Pakistan, Sri Lanka, Tanzania, Vietnam and Zambia. Preliminary findings show that there are significant differences in terms of whether and how indigenous questions are addressed, both between regions, and between countries within regions. Where legal frameworks recognize indigenous peoples group rights, and institutions and policies respecting and accommodating cultural diversity have been developed, PRSPs are more likely to address the structural causes of indigenous and tribal peoples poverty and social exclusion. The organization and political assertiveness and mobilization of these peoples are other key factors. The Latin American PRSPs clearly identify the areas that are key to indigenous peoples development: the demarcation and titling of the lands traditionally occupied by them; bilingual and intercultural education; and indigenous self-government. The relative size of indigenous populations in the countries determines whether an ethnic mainstreaming approach is pursued or targeted interventions are promoted instead. The ratification of ILO Convention No. 169 appears to enhance the likelihood that indigenous questions be addressed coherently from poverty diagnostics to policy prescriptions. In Africa, the debate on the identification of indigenous peoples is still at a very early stage. However, there have been some recent encouraging developments in that region. The African PRSPs, to varying degrees, are beginning to recognize that large-scale cultivation and irrigation, national boundaries, tourism and the establishment of nature and game reserves are undermining the freedom to graze livestock over large tracts of land and access to water, which is essential for indigenous pastoralists. In Asia, the PRSPs range from demonstrating indifference or only a passing concern for indigenous and tribal peoples social and political exclusion, to a genuine concern for their unequal development in relation to other social groups. Despite these differences, all regions share some common challenges. These include: n The development and inclusion of poverty indicators that reflect indigenous notions of poverty and well-being, the present poverty indicators are heavily informed by conventional notions of poverty that reflect dominant groups views about adequacy and inadequacy;

9 n The development, in partnership with indigenous organizations, of consultation methods aimed at ensuring a well-informed and meaningful exchange of views on the content of PRSPs as far as indigenous peoples are concerned; and 9 n Capacity-building for indigenous organizations and government authorities on how to engage in local development planning, implementation and monitoring that is responsive to the aspirations, needs and rights of indigenous peoples. Decentralization has a great potential for narrowing the differences in opportunities and assets between the indigenous and non-indigenous populations. But this requires understanding that greater equality for indigenous and tribal peoples and social inclusion entails differential treatment. This study is intended to be the first step of a longer, multi-staged process. It constitutes an initial, limited (both in scope and depth) assessment, based on a desk audit, of the extent to which indigenous and tribal peoples and their concerns have been incorporated into PRSPs. The intention is to propose further work at national and international levels to fill gaps in knowledge and develop sound policy recommendations. Follow-up activities could include: n Studies requiring more detailed analysis and research; n Testing of indigenous specific indicators in a set of key countries; n Development and testing of methodologies for culturally-sensitive and meaningful consultations on development and anti-poverty policies with indigenous and tribal communities or organizations; and n Consultations with national governments, the World Bank and other UN agencies, and bilateral donors that have a role to play in PRSP processes. This ethnic audit is part of the ILO s contribution to the Fourth Session of the UNPFII. Manuela Tomei Studies on indigenous peoples and poverty reduction strategies in Cambodia and Cameroon In order to supplement the ethnic audit of PRSPs, PRO 169 has supported two case studies on Cambodia and Cameroon to: n Document indigenous and tribal peoples own perceptions of poverty and poverty reduction strategies and existing gaps, similarities and contradictions with national poverty reduction efforts; and n Give recommendations for follow-up to ensure the consultation and participation of indigenous peoples in national poverty reduction efforts. At the country level, the case studies are being undertaken in collaboration with indigenous communities and organizations, and co-ordinated by the Centre for Advanced Study, and the Centre pour l environnement et le développement respectively. Within this overall framework, the two country case studies aim to: n Assess the extent of indigenous participation in the formulation of the PRSP (taking account of men and women in this process); n Analyse the relevance of the PRSP for indigenous and tribal peoples (including an analysis of indigenous peoples own perceptions of poverty); n Develop recommendations on indigenous and tribal peoples consultation and participation in poverty reduction efforts; and n Identify capacity-building needs in respect of indigenous participation in the PRSP (this may include capacity-building for indigenous peoples, government, NGOs and other relevant actors). The main methodology for both case studies is culturally appropriate consultations with selected indigenous communities to gather their views on: n Indigenous concepts and notions of poverty

10 10 n Indigenous indicators of poverty n Indigenous strategies to combat poverty n Effect of poverty alleviation programs on indigenous communities (including different impacts on men and women) n Consultations and participation in national poverty reduction efforts. n Use of indigenous knowledge in poverty reduction strategies Based on some preliminary findings, it is clear that the PRSP processes examined have not taken into consideration indigenous and tribal peoples own perceptions of poverty, or their own strategies for addressing poverty. It has also been brought to the fore that, without adequate consultation and participation of these peoples in the PRSP process, strategies to address poverty among indigenous peoples will not be in a position to take into account their cultural specificities. This creates a risk that poverty reduction strategies aimed at these peoples will fail. Any poverty reduction strategy aimed at indigenous and tribal peoples should also take into account the collective aspects of their rights, and their human rights situation, with specific reference to land and resource rights, labour and employment rights, cultural rights and rights to participate in the public life of the States in which they live. It should also take into consideration the pervasive discrimination against these peoples, and the effect that this might have on their ability to participate in processes that affect them. Follow-up to the case-studies will be ensured within the context of ongoing ILO activities in Cambodia and Cameroon. Francesca Thornberry Time to end forced labour in Andean countries A number of Andean countries are now putting in place stronger policies to eradicate debt bondage and other forms of forced labour 5 to which indigenous people are too often subjected. These measures demonstrate the commitment towards fundamental principles and rights at work and towards a fair globalisation based on decent work for all. An ILO special action programme to combat forced labour (SAP- FL) is supporting governments and social partners in their effort to document and eliminate forced labour. In Peru, a recent investigation has confirmed the existence of forced labour in the context of illegal logging activities in the Departments of Ucayali and Madre de Dios which are located in the country s Amazon basin. Forced labour often takes place within indigenous community lands, for the extraction of mahogany and cedar wood. Advances are made by intermediaries to indigenous communities in the form of food or goods in exchange for a quantity of wood to be delivered later. This gives rise to a debt, which is later manipulated to extract unpaid forced labour. In other instances, labour camps are established in the forest and intermediaries recruit between 20 and 40 workers, either from distant cities or from nearby indigenous communities. These workers receive wage advances, which are later used to extract forced labour. In Bolivia, another study has also documented the existence of forced labour against indigenous people. The most extreme situation was observed in the Chaco region, where a number of workers are held in large farms under conditions close to serfdom. Whole communities are sometimes held captive through debt bondage and through the open use of violence. Such situations are also likely to exist on the Paraguayan side of the Chaco region. But forced labour is not limited to these extreme situations. The enganche or habilitacion labour systems, which are based on wage advances made to workers before the harvest in exchange for a commitment to work, are still used in Bolivia s agriculture. Too often they result in debt bondage and unpaid forced labour. The bonded workers are usually male, but often workers wives and children are also involved and expected to provide free labour. n 5 Forced labour is defined in ILO Convention 29 as all work or services exacted under the menace of a penalty and for which a person has not offered himself or herself voluntarily.

11 In both countries, it is clear that forced labour is an extreme manifestation of discrimination and the consequences for the victims are continued poverty and the lack of access to basic human rights. Both Bolivia and Peru have reacted quickly to the findings of the studies which will soon be made public and accessible at the ILO website: In December 2004, the Government of Bolivia created a National Commission for the Eradication of Forced Labour to develop and implement - with the involvement of social partners and the support of the ILO a set of effective policy measures. Consultations have already been held with employers, workers, and the directors of regional labour inspectors. Peru is also in the process of setting up a Multisectoral Commission, with a view to designing a national policy to eliminate forced labour and strengthen the rule of law in the regions where forced labour occurs. In both countries, governments are realizing that it is time to end forced labour. 11 Patrick Belser Workshop on Free Prior and Informed Consent (FPIC) and Indigenous Peoples The UN Permanent Forum on Indigenous Issues held an international workshop on methodologies regarding FPIC and Indigenous Peoples from January 17 19, 2005 at United Nations Headquarters in New York. A broad range of issues were discussed, including: n The current understanding of FPIC as a methodological issue; n Relevant policy frameworks of various inter-governmental organizations; and n Examples of the application of the principle of FPIC at the national and international levels. The ILO contributed to the workshop by detailing the understanding of FPIC in the context of Convention No. 169, within the framework of ILO supervisory work concerning this Convention, and based on the ILO s experience in technical cooperation on indigenous issues. ILO experience in supervising the Convention, as well as experience gained from technical co-operation activities, has given considerable attention to the methodologies and challenges associated with the concept of FPIC than has been given in other arenas. In particular it has highlighted the dangers of different organizations applying different methodologies to their work with indigenous peoples, and a number of challenges in the application of the concepts of consultation and participation. Convention No. 169 not only requires the principles of consultation and participation to be applied in the context of specific development projects, but places this within the wider context of governance, and the participation of indigenous and tribal peoples in public life. Indigenous peoples should not be seen as objects of development, but as partners in a process. General discussions at the workshop reflected the view of most indigenous participants that FPIC should be framed as a right, within the framework of a rights-based approach to development, and not simply as a methodology. The recommendation made to the ILO by the workshop was to analyse and document best practices in the implementation of the principles of consultation and participation as outlined in Convention No. 169, with a view to using this information for capacity-building purposes. This will constitute an integral component of PRO 169 s proposed work programme for the coming years, part of which will focus on documentation of best practices in a broader sense. This work can not only feed into the ILO s ongoing technical assistance programme on indigenous issues, but will also be made available to the Forum with a view to providing technical information for the UNPFII to continue its examination of FPIC. ILO s contribution to the workshop can be found on the indigenous and tribal peoples website. Francesca Thornberry

12 12 Indigenous Fellowship Programme In 2004, PRO 169 carried out a 3-month Indigenous Fellowship Programme. The overall objective of this programme was to equip participants with some of the skills and knowledge necessary for the promotion and protection of the rights of their peoples. The Programme was designed to provide the fellows with the opportunity to experience first hand various relevant activities in the ILO and the wider UN system - and for ILO staff to learn about the fellows own work in promoting and protecting the rights of their peoples. This year s participants were: Yuuki Hasegawa, who is Ainu from Japan; Tony Khular from the Lamkang community in Manipur, India; and Walther Benedictus Para from Suriname. A number of international organizations contributed to brief the fellows and to provide training on a wide range of issues pertaining to indigenous and tribal peoples. The fellows worked with ILO staff on individual and collective assignments, allowing them to apply and deepen their knowledge according to their specific interests and needs, and based on their own experience and knowledge. In order to link new knowledge and skills to the needs of the fellows communities, they prepared proposals for activities that promote indigenous rights among their people, intended to be carried out by their respective organizations. The specific projects chosen by the participants reflect the considerable differences in the situations and needs of their peoples, and different levels of capacity among their respective organizations. PRO 169 is supporting the fellows in implementing the projects they have proposed. In order to maximize the impact of available resources for training and capacity-building, PRO 169 has decided not to run a Fellowship Programme in Geneva in Instead, PRO 169 will divert training activities to the regions, in order to address the specific capacity-building needs of indigenous organizations, governments and ILO staff at different levels of intervention. In addition, the Project will strengthen its contribution to the Indigenous Fellowship Programme of the Office of the United Nations High Commissioner for Human Rights. For more information on that programme, see: ( Francesca Thornberry Interview with Yuuki Hasegawa, Ainu, Japan, and Tony Khular, Lamkang, India, who participated in the ILO fellowship programme : You are coming from very different countries. The situation of your peoples and the contexts in which your organizations operate are very different, too. What similarities did you discover during the programme and what are the major differences? Yuuki Hasegawa (YH): The situation of our groups is very different indeed. For example, the Ainus in Japan have almost lost their language and now we want to revive it. In contrast, the Lamkang in India still maintain their language and culture, so we can learn from them. The level of recognition of our groups and their rights is very different as well. In India, there are a number of constitutional provisions, which grant certain rights to scheduled tribes. In Japan, there are no such rights. India has at least ratified ILO Convention No. 107 and advocacy for indigenous peoples can build on its provisions. In Japan, ratification is too difficult and we have to find other ways to promote indigenous rights. Generally, our situation is very different, but our goals tend to be the same, and we work through the UN System to achieve these goals. Tony Khular (TK): Yes, in India we have a number of constitutional provisions and legislation, which recognize our rights as scheduled tribes but not as indigenous peoples. At any rate, the problem is the implementation of these provisions. In both of our cases, there are no national organizations to promote our rights. Through Walter Para, who also participated in the Fellowship Programme, we learned about Suriname, where there is a strong national indigenous organization. n 6 The opinions expressed here are those of the interviewees.

13 13 What does the concept of indigenous peoples means to you? TK: Indigenous refers to an extremely diverse set of groups and these groups struggles take place in very different national settings. This diversity is reflected in the fact that there is no internationally agreed definition of indigenous peoples and ILO Convention No. 169 rightly makes self-identification a fundamental criterion. In India, we have the categories of scheduled tribes and scheduled castes. Some people identify as indigenous while others do not. How widely are the ILO and Convention No. 169 known in your country and among people in your communities? YH: Japan has not ratified Convention No. 169 yet and few Ainu know about the ILO and its mandate for indigenous peoples. Members of my community are realizing little-by-little the significance of processes at the international level and learning how to use international organizations. So far, only some old Ainu people have attended UN meetings and I am the first young Ainu to come to Geneva. Ironically, I was already in Geneva when I contacted the ILO in Tokyo for the first time. However, I hope to have good discussions with them in the future. TK: People in Lamkang communities do not know about the ILO and Convention No I learned about the ILO and this Fellowship Programme only by chance and in Delhi. I am also the first young person from my community to come to Geneva. The situation in other Indian states might be different. People in the hills do not have access to and are not aware of the ILO and its Conventions. When I arrive at home I will share the knowledge I have gained during the Programme. What can the ILO do to raise awareness of indigenous rights and to promote them? TK: Most people in my community do not speak Hindi, and Geneva as well as Delhi are far away. Everything is far away from the indigenous communities in the Northeast of India. ILO Convention No. 169 and supporting materials should be translated into our languages. In addition, it is important to create links between local communities and international organizations as well as between indigenous peoples in different countries. The Fellowship Programme contributes to both. However, other communities and peoples should have the opportunity to participate, and for that the Programme should be expanded. YH: I agree that it is important to strengthen networking among various indigenous organizations and the ILO. I thought there was more such networking already going on and learnt otherwise during this Programme. The lack of operational detail in Convention No. 169 could make its effective implementation difficult. Therefore, it is useful that the ILO will now initiate a project to collect and disseminate best practices regarding the implementation of the Convention and its various provisions, and to initiate projects to create good practice in Cambodia and Cameroon. Through this Programme, I realized also the limitations of the ILO and other international organizations. In my opinion, the Convention does not go far enough with regard to consultation and participation in matters of political representation and legislation. Moreover, it is important that various organizations co-operate more closely. However, we also have to realize that the UN system is not a perfect place to get our rights. Still, we have to use existing mechanisms more effectively. Which mechanisms do you find useful? YH: The UN Treaty monitoring bodies, for example. The Japanese government did not mention Ainu at all in the 1980s. The Committee on Economic, Social and Cultural Rights then expressed its concern about discrimination against Ainu as a minority group and triggered a debate. Today, the government accepts that Ainu are a legitimate minority while the Committee considers Ainu an indigenous people. The Committee requested data about Ainu from the Japanese government but the government does not have such data. My organization wants to carry out a survey on the socio-economic situation of Ainu and submit our data to the Committee. All in all, the UN is a useful system. What can the ILO do for you and your people, and what is the role of regional ILO offices in this process? YH: The ILO can work with governments through its regional offices. For people in Japan, it is very difficult to access organizations in Geneva and it would be good to connect through regional ILO offices. After all, the ILO is the only international organization with a normative mandate for indigenous peoples. Now that we are in contact with the ILO s Tokyo office we can initiate closer co-operation. We are only a small NGO, but the ILO is an international organization. Together we have good chances to influence the government. TK: The Programme is a great opportunity for us to co-operate more closely with the ILO and other UN organizations, and I think these organizations can do a lot for my community. However, people in the hills do not have the opportunity to access these organizations. Many people there do not even know the

14 14 rights they have according to the Indian Constitution and it is important to teach them. Now I am in contact with the ILO office in Delhi. I will go and visit the office and discuss with office staff how we can cooperate in the future. My hope is that they can contribute to supporting my project to raise awareness about the right to education among members of my community. YH: Only rights are not enough. We can t eat rights. Our organizations are weak and it is very difficult to raise funds and train staff. With more skills and staff, our organizations are stronger and can work more independently. What will you do once you are back in your country? YH: First, I will inform my organization and other interested Ainu about what I learned here. After that, I want to discuss with ILO Tokyo and possibly with trade unions and other Japanese NGOs to mobilize support for my project. TK: I will first meet the ILO in Delhi. Based on that I will decide how to continue. People back home are waiting for me to learn about my trip and the knowledge I have gained here in Geneva. I am planning to organize a workshop and prepare a newsletter, in order to disseminate this information. Self-Identification ILO Convention 169 does not define who are indigenous and tribal peoples. It only describes the peoples it aims to protect: Elements of tribal peoples include: n Traditional life-styles; n Culture and way of life different from the other segments of the national population; and n Own social organization and traditional customs and laws. Elements of indigenous peoples include: n Traditional life-styles; n Culture and way of life different from the other segments of the national population; n Own social organization and traditional customs and laws; and n Living in historical continuity in a certain area, or before others invaded or came to the area. Self-identification as indigenous or tribal is a fundamental criterion for determining the groups to which the provisions of Convention No. 169 apply.

15 Countries and regions III. COUNTRIES AND REGIONS 15 n Asia ILO Convention No. 169 and peace-building in Nepal. Nepal is currently in the tenth year of a severe armed conflict, which is partly related to the marginalized position of large sections of society, including indigenous peoples, who make up approximately 37% of the population. Widespread poverty, unemployment, lack of consultation and participation of indigenous peoples (and other disadvantaged groups), combined with the emergence of a culture of conflict, continue to fuel political instability in the country. Within this context, ILO work in Nepal, and the sub-region as a whole, has highlighted the special vulnerability of indigenous and tribal peoples in the areas of under-employment, migration, bonded labour, discrimination, trafficking and child labour, among other areas of concern to the ILO. Lobbying for ratification of the ILO s Indigenous and Tribal People's Convention and disseminating information on its provisions has been one of the major objectives of the indigenous rights movement in Nepal. The ILO has been actively supporting these initiatives, through the provision of technical and financial assistance. Convention No. 169 has been translated into Nepali, along with the accompanying manual, which has been adapted to the Nepali context, using national examples and realities. ILO-Nepal and representative indigenous organizations have been working closely with government, employers and workers organizations to increase awareness of indigenous issues and Convention No. 169 and to strengthen participatory politics and promote socially inclusive policies for the establishment of lasting peace. Addressing specific issues affecting Nepal s indigenous peoples is one of the priorities of the Government's Tenth Five Year Development Plan, which also acknowledges the failure of past efforts to improve the status of many of the indigenous peoples. The ILO has provided inputs to the Plan s chapter on Indigenous Nationalities and to the government s PRSP. A comparative legal study on Convention No. 169 and national legislation and policy is currently underway, as well as a pilot study on ethnicity and child labour. The ILO has consistently promoted dialogue between government and representative indigenous organisations, and has offered and explored the possibility of using ILO Convention No. 169 as a framework for peace talks (as was the case in Guatemala in 1996). A recent consultation on these issues (organised by the ILO and indigenous partners in January 2005) convened more than 150 government and indigenous representatives, The Kathmandu Adivasi-Janjati Declaration on ILO Convention No. 169 and Peace-Building in Nepal was unanimously adopted and provides concrete guidelines for action to relevant parties to promote the rights of indigenous peoples and facilitate social justice and participatory peace-building within the framework of Convention No Despite the deteriorating political situation in Nepal, which on February 1st 2005, resulted in the dissolution of the cabinet and the declaration of a state of emergency by the King, the conference succeeded in initiating a positive first step towards stakeholder negotiations and conflict resolution in Nepal, within the framework of Convention No The ILO intends, to the extent possible, to facilitate a continuous dialogue between the government and indigenous peoples, offering training and capacity-building on indigenous rights and identifying main elements of a Decent Work Agenda for indigenous peoples, in order to improve their economic and employment situation. "Decent Work" is at the centre of ILO s mandate and activities, and brings together the goals of rights at work, employment and income, social protection, and social dialogue. The development of Decent Work Agendas also offers an opportunity for ILO constituents (workers and employers organisations) to work in partnership with indigenous peoples. The study on national legislation as well as the study on ethnicity and child labour and the Kathmandu Adivasi-Janjati Declaration are available on the ILO s indigenous and tribal peoples website. Sarah Webster

16 16 Community driven development in the Philippines According to recent estimates, there are 12 to 13 million indigenous and tribal persons in the Philippines, constituting approximately 18% of the total population. Although their situation varies considerably according to regions, recent surveys confirm that indigenous peoples are particularly affected by poverty. Often this situation is linked by a variety of broader issues, such as lack of recognition of land tenure and decreasing livelihood opportunities. INDISCO s involvement in the country goes back to 1994, the beginning of the First Decade of the World s Indigenous Peoples. Working in collaboration with its partner agencies in the government and among the indigenous peoples themselves, INDISCO piloted their community driven and participatory approach throughout the country. INDISCO currently manages a small project fund, which has been made available through the financial support of the Finnish Embassy. The participatory approach in project planning and implementation means that INDISCO assists the indigenous communities in identifying their own development processes and limits itself to a purely facilitative role. Typically projects involve development activities like creating sustainable livelihoods and cooperatives that do not harm or threaten indigenous peoples domain. As part of the Decent Work Country Programme in the Philippines and through a partnership with UNDP, INDISCO provides technical support to the National Commission of Indigenous Peoples (NCIP) in order to ensure the full implementation of the Indigenous Peoples Rights Act (IPRA). Activities include capacity building for community leaders and the development of specific tools for the implementation of the Indigenous Peoples Rights Act. In this context, INDISCO has also contributed to the Medium-term Philippine Development Plan for Indigenous Peoples , which has been endorsed by the President s office. Hüseyin Polat Testing indigenous community-driven education approaches against child labour in the Philippines Based on the legal and policy framework provided by the Indigenous Peoples Rights Act (IPRA) and the government policy on non-formal education, this IPEC-INDISCO action programme aims to test innovative approaches to education for indigenous peoples. The programme assists them in developing the capacity to take responsibility for the prevention of child labour and rehabilitation of child labourers among their members. It aims to make education not only attractive and suitable but also accessible to indigenous peoples. As part of this project, which began implementation in 2003, a curriculum for children and adults has been prepared that integrates basic education and aspects of livelihood development. The basic education component includes writing, reading and arithmetic as well as indigenous culture and world views, customary law, spirituality and rituals, music and dance, ancestral domain management and indigenous rights. The livelihood component includes skills development involving existing alternative sources of income such as abaca fibre production, handicraft making and cash crop production. Maria José Chamorro Decent employment for tribal peoples in India Tribal peoples constitute 8% of India s total population and represent an enormous wealth of cultures, languages and knowledge systems. However, as elsewhere, they are socially, economically and geographically marginalized in society, and are disproportionably affected by extreme poverty. Since 1994 the INDISCO-Programme has been working to promote decent employment for tribal peoples through cooperatives and self-help organizations, while safeguarding their traditional and cultural values. In 2004 the INDISCO Project in India entered its phasing out-period with financial support from MIGROS cooperative federation of Switzerland. A cluster of 40 tribal villages has been supported in establishing and managing legally recognized cooperatives and other self help-organizations providing loans and credit, health and education. The lessons learned from INDISCO grassroots interventions are now being disseminated as studies of best practices of community development. Recent INDISCO publications in India include case studies on tribal cooperatives in India, and a case study on a particularly vulnerable tribal group in India, the Bondo Highlanders. The study highlights that development programmes need to respect the principle of consultation and participation of the peoples concerned in order to work effectively.

17 17 The ILO-INDISCO Programme This programme works primarily at the grassroots level, and aims to strengthen the capacities of indigenous and tribal peoples, helping them design and implement their own development plans and initiatives through their own organizations while safeguarding their traditional and cultural values. INDISCO has implemented numerous projects in Asia and Africa, including Tanzania, Cameroon, India, Vietnam, Thailand and the Philippines. In its most recent activities INDISCO has been concentrating on linking grassroots level experiences with the policy environment. Good practices of community-driven participatory projects run by the indigenous peoples themselves have been disseminated and used to influence the policy environment, and to strengthen national policies and programmes aimed at protecting the rights and reducing poverty of indigenous and tribal peoples. The methodology of the INDISCO Programme is based on a community-driven participatory approach to project design and implementation in which the participation and consultation of the indigenous and tribal peoples is a core principle. The design, development and implementation of project activities are undertaken by the indigenous peoples themselves, facilitated by local partner NGOs and associated with policy development at the government level. This gives the ILO a mediating and facilitating role between the various involved stakeholders. Priority areas for future include West Papua where a proposal has been developed through a participatory and consultative project formulation exercise, and the Mekong sub-region in Asia, where INDISCO continues its collaboration with its German partners. Hüseyin Polat Improving the legislative and policy environment for indigenous peoples in Cambodia There is currently no active policy in Cambodia concerning indigenous peoples. A Highland Peoples Development Policy was drafted in 1997, but has not yet been adopted. Some reasons for this are the adoption since 1997 of several laws, including the 2001 Land Law, that have changed the legislative framework for the protection of certain rights of indigenous peoples, and the passage of the decentralization process, which has affected the governance structures on which the draft policy was based. Work on the reformulation of this policy is currently underway. The decentralization process has become the focal point of most ongoing activities of relevance to indigenous peoples. However, there are a number of factors that limit indigenous peoples capacity to take an active role in decision-making through the local commune councils, such as limited access to and cultural inappropriateness of education, lack of acknowledgement of indigenous languages in decision-making bodies, and problems of physical access to indigenous communities. In order to contribute to the development of national legislation and policies that integrate the rights, needs and priorities of indigenous and tribal peoples in Cambodia, PRO 169 and INDISCO will initiate a project in Cambodia in April The project will be facilitated by a national co-ordinator, and implemented by project partners at national and local levels, including the Department for Ethnic Minority Development in the Ministry of Rural Development, which has a broad mandate to address indigenous issues in Cambodia. The immediate objectives of this project are: 1. Improvement of the legislative and policy environment concerning indigenous and tribal peoples in Cambodia and facilitation of the effective implementation of such policies and legislation. 2. Strengthening of indigenous and tribal peoples own representative organizations to play a more active role in decision-making and development processes. The project strategy in Cambodia will be twofold, comprising strategic activities and assistance at both grassroots and national levels, and making linkages between the two through provincial level facilitation. Francesca Thornberry

18 18 Case study on ILO work and indigenous peoples in Cambodia The ILO has recently conducted a desk review on ILO activities and indigenous and tribal peoples in Cambodia. The specific objectives of this case study were to n Better understand how ILO activities in Cambodia affect indigenous and tribal peoples; n Assess ways to better integrate the promotion of these peoples rights in the ILO s projects and programmes in Cambodia; and n Provide information that contributes to raise awareness for and strengthen the internal dialogue on indigenous issues within the ILO. The study is an initial step in the identification of effective ways to mainstream indigenous issues both in Cambodia and more generally in ILO activities. It suggests that most ongoing ILO projects in Cambodia do not operate in areas in which indigenous peoples reside and do not have a specific focus on these peoples. However, this is likely to change in the future with the initiation of new projects, or the expansion of existing ones into areas with indigenous populations. The study concludes that the ILO could further promote indigenous and tribal peoples in Cambodia, with activities specifically focused on these groups distinct rights and needs. The study makes various recommendations for a more proactive approach to mainstreaming indigenous and tribal peoples concerns, in order to: n Seek potential synergies between various ILO activities; n Integrate indigenous issues in relevant ILO activities; and n Build coalitions and partnerships for promoting indigenous and tribal peoples rights. Such a mainstreaming approach also involves addressing the specific training needs of ILO staff at headquarters and in the field and developing and adapting tools for promoting the rights of indigenous and tribal peoples. The ILO wants to use the findings of this case study to develop a broader strategy for mainstreaming the rights of indigenous and tribal peoples across its operations. Stefan Ehrentraut n Africa Project to examine indigenous customary law in Morocco. In 2003, PRO 169, in association with an indigenous partner organization, TAMAYNUT, held a workshop on the rights of indigenous peoples and ILO Convention No The workshop brought together representatives of indigenous peoples from across Morocco, as well as representatives of Government, and a number of UN agencies, including the Office of the High Commissioner for Human Rights and the UNPFII. The objective of the seminar was to examine the human rights situation of indigenous peoples in Morocco, according to three priority themes identified by TAMAYNUT, and to make recommendations on action to address the issues identified. The three priority themes were: 1. The right to education and identity; 2. Consultation and participation; and 3. Rights to lands and resources.

19 The workshop made a number of recommendations on these themes. Among the recommendations made by workshop participants, the following were considered of basic importance and singled out for further follow-up by TAMAYNUT: To the Government of Morocco: n Involvement of indigenous men and women in the development of legislation that regulates land and resource issues; n Address legal issues that impede indigenous peoples access to lands and resources; and n Work in partnership with indigenous peoples in the elaboration, implementation and evaluation of projects and programmes that affect their lands and resources. To the ILO: n Support Amazigh organizations efforts to address issues pertaining to lands and resources; and n Encourage respect for, and application of, the principles of consultation and participation with indigenous and tribal peoples. 19 As a follow-up, the ILO and TAMAYNUT have entered into a collaboration to address these recommendations in the framework of a 1-year project. The focus of the project will be on the customary laws, which govern a number of aspects of Amazigh lives, such as land and resource ownership and management, social structures and cultural life. The project will examine and document customary laws and their compatibility with national legislation and international law, and promote a national dialogue on the integration of certain aspects of indigenous customary law into the legal system. The project will also look at ways in which customary laws governing societal structures could be used as a basis for the conceptualisation of mechanisms for dialogue with indigenous peoples. Francesca Thornberry Legal protection of indigenous rights in Cameroon In Cameroon, the ILO, and a number of other organizations, have been working on issues concerning indigenous and tribal peoples for a number of years. ILO efforts have been aimed primarily at improving the local living and working conditions of Baka communities. The Government of Cameroon has recently begun to take specific account of the situation of indigenous and tribal peoples - notably the Baka, Bagyeli and Bakola peoples - especially with respect to poverty alleviation issues. Indigenous peoples themselves in Cameroon have begun to organize at the national and international level to promote and protect their rights, and raise awareness of their situation. In addition, a number of NGOs are addressing various issues pertaining to indigenous and tribal peoples in Cameroon. PRO 169 has just finalized a study on the legal framework for the protection of the rights of indigenous and tribal peoples in Cameroon undertaken by Dr Albert Barume. The study examines the impact of the legal framework on the living and working conditions of the peoples concerned. The study process included provincial consultations with representatives of indigenous peoples, to ensure that their own perspectives on the issues raised were brought to the fore in the final publication. The major findings of this study point to a real need to address indigenous issues in a systematic manner, taking into account their cultural specificities. Some of the major recommendations of the study were: n To address indigenous communities lack of access to land and resource rights, based on a better understanding of indigenous peoples conceptions of land and land use, which are different from those of the dominant population; n To address discrimination against indigenous peoples, which is pervasive in many aspects of their lives, in particular in education, public administration, and labour and employment issues; and n Ensure the effective participation and consultation of indigenous peoples in legal and development initiatives that are relevant to them. This is the only manner to ensure that these initiatives will be appropriate and sustainable. The study, as well as the experiences of a number of indigenous organizations in Cameroon, will be discussed in a national workshop in April (see below). This workshop will develop a plan of action to continue the national dialogue on the protection of the human rights of indigenous and tribal peoples in Cameroon, and develop follow-up on the recommendations of the legal study. The study is available on the ILO s indigenous peoples website.

20 20 Upcoming: National workshop in Yaoundé, Cameroon, June 2005 A three-day national workshop will be held in Yaoundé in June The overall objective of the workshop is to lay the groundwork for the establishment of regular mechanisms to ensure that indigenous and tribal peoples are consulted and can participate effectively at all stages of development, legislative and other processes that affect them. Specifically, the workshop aims at initiating a process of constructive dialogue between indigenous peoples, government, trade unions, and other relevant stakeholders. The three thematic areas to be addressed by the national workshop in relation to indigenous and tribal peoples are poverty reduction, human rights and governance. The workshop will draw on various case studies from indigenous peoples organizations, the ILO study on the legislative framework for the protection of the rights of indigenous and tribal peoples in Cameroon, the ILO case study on the participation of indigenous peoples in the PRSP process and the experience of the ILO-INDISCO Programme in Cameroon. The workshop is expected to result in recommendations for the improvement of the human rights situation and the living and working conditions of indigenous peoples in Cameroon as well as a common action plan. Francesca Thornberry n Latin America and the Caribbean IPEC and indigenous children in Latin America and the Caribbean Because of a systematic pattern of social exclusion and lack of economic opportunities, indigenous communities are usually at the bottom of the social scale. Among them, children and adolescents are the most vulnerable groups. There is documented evidence indicating indigenous children frequently start to work and drop out of school at an early age. They are at a particularly high risk of ending in the worst forms of child labour. For instance, indigenous children are found as victims of debt-bondage, trafficking and commercial sexual exploitation in Asia, and as agricultural wageworkers on plantations in Latin America. The ILO is helping countries to progressively eliminate child labour through the International Programme on the Elimination of Child Labour (IPEC). IPEC recognizes that projects with a specific focus on indigenous issues are crucial to better respond to the demands and needs of indigenous children. Associated efforts aim to eliminate child labour by promoting education that is sensitive to indigenous cultures and traditions. Different strategies are being pursued, such as: development of more relevant curricula; organizing tailor-made training courses for indigenous teachers; and assistance in the implementation of intercultural bilingual education. IPEC IPEC is the ILO s International Programme on the Elimination of Child Labour. The programme was launched in 1992 within the framework of the ILO Minimum Age Convention, 1973 (No. 138) and aims to work towards the progressive elimination of child labour by strengthening national capacities to address child labour problems, and by creating a worldwide movement to combat it. Following the adoption of the Worst Forms of Child Labour Convention, 1999 (No. 182), this goal was reformulated to give priority to the elimination of the worst forms of child labour. IPEC s priority target groups are bonded child labourers, child soldiers, children who are victims of commercial sexual exploitation, children working in hazardous conditions and children who are particularly vulnerable, mainly girls. IPEC s work reflects the ILO s policy on child labour enshrined in the ILO Child Labour Conventions and contributes to the ILO s Decent Work Agenda by promoting education alternatives for children and training and employment opportunities for families. Since its creation, IPEC has supported more than 1000 projects to prevent and withdraw children from exploitative work and reintegrate them into school. Many projects on specific issues such as child trafficking, or child domestic labour, as well as statistical surveys and research on child labour, especially its worst forms, reach indigenous children even when the projects are not exclusively targeting them.

21 Understanding child labour in indigenous communities, Peru and Costa Rica In order to achieve a better understanding of the reality of child labour in indigenous communities, two specific studies were conducted. One study was carried out among four ethnic groups in the Amazon Basin in Peru (Ashaninka, Aguaruna, Cocama and Shipibo), and the other in Costa Rica, in three communities of the Brunca Region (Boruca, Bribri and Ngobe). The major goal of each of these studies was to understand the protection and risk factors associated with child labour in indigenous communities from an intercultural and gender perspective. The results show the limitations of existing legal frameworks to address the problem. 21 Indigenous children in the domestic service sector, Guatemala A Direct Action Programme focusing on indigenous children has been implemented in Guatemala in the domestic service sector. Given the prevalence of indigenous girl domestic workers in Guatemala, the project has worked with the Asociación Conrado de la Cruz - an institution that strengthens the cultural identities of child-domestic workers as part of the process of withdrawing children from work and improving their living conditions. Parts of the programme were developed in the indigenous languages of the girls concerned. The Programme also promoted indigenous cultural practices, and developed awareness-raising materials (radio programmes, posters, etc.) for child-domestic workers and their families in the language of three of the main ethnic groups of Guatemala (Mam, Quiché, and Cackchiquel). Eliminating the worst forms of child labour through education, Honduras La Mosquitia is one of the most remote areas of Honduras, where public services are very poor or non-existent. This area is a hub in the narcotics route into North America, and this constitutes, along with sea diving for lobster and other molluscs, the only source of income for the Mosquitia dwellers. Children s involvement in these high risk and/or illicit trades is notorious, and traditionally extends to related activities, such as the sexual exploitation of underage girls. Boys usually go to the sea in the lobster boats just after they complete the limited schooling available to them. The ILO is implementing a direct action project to withdraw children from these high-risk occupations and to enrol them in schools. To guarantee that the needs and particularities of Misquitos are taken into account the project is being implemented by a local NGO (MOPAWI: La Mosquitia Development Agency) that has dealt with indigenous peoples development in La Mosquitia for more than 20 years. The main achievement of this project has been to build the keen awareness of children s rights and the importance of education now shown by the population and local authorities. In every community local committees have been set up, to address the most pressing problems, such as health, education, or abuses by government officials, and to deal with the worst forms of child labour. The appeal of schooling for children and their families is now significantly stronger, due to the increasing availability of culturally appropriate education. The project also set up a network of donors and development agencies, which resulted in the engagement of other actors in the area. Prevention and elimination of child labour in the Mayan villages of Toledo, Belize This IPEC programme targets two rural Mayan villages in the district of Toledo. The programme attempts to withdraw 75 children from work, providing them direct services such as education, health and other social services. Furthermore, it seeks to prevent approximately 200 children in the same or neighbouring communities from engaging in child labour, by focusing on parenting, public education and other activities that encourage families to keep their children in school and offer tangible support to children to do so. The programme draws on the resources within the community to facilitate outreach and educational activities on the dangers and consequences of child labour. The programme also includes direct action to strengthen social institutions and organizations in the area and build their capacities to implement initiatives geared toward the elimination of child labour. Maria José Chamorro