The Indigenous and Tribal Peoples Convention was adopted in Geneva on 27 June 1989 by the International Labour Conference, 76th Session, opened on 7 June, the English and French texts being equally authentic. C169. Depositary: the Director-General of the International Labour Office. It revises the Indigenous and Tribal Populations Convention, 1957 (C107), which the preamble notes, and removes the assimilationist orientation of the earlier standards. The ILO adoption formula is the register date.

Article 1, at framework level: it applies to tribal peoples in independent countries distinguished by social, cultural and economic conditions, and to peoples regarded as indigenous on account of descent from populations inhabiting the country at conquest, colonisation or the establishment of present boundaries, who retain their own institutions. Self-identification is a fundamental criterion. The term “peoples” shall not be construed as having implications for rights under international law. Articles 2–5: co-ordinated action with the participation of the peoples concerned, human rights without discrimination, and special measures that shall not be contrary to their freely-expressed wishes.

Article 6: consultation in good faith, through representative institutions, whenever legislative or administrative measures which may affect them directly are under consideration, with the objective of achieving agreement or consent. Article 7: the right to decide their own priorities for development. Articles 13–15, still at framework level: the special importance of the relationship with lands or territories, recognition of rights of ownership and possession over lands traditionally occupied, and safeguarding of natural resources. A land-claim, relocation or resource-extraction handbook is not transcribed.

Article 36: C169 revises C107. Article 37: ratifications shall be communicated to the Director-General. Article 38: it binds only Members whose ratifications have been registered; it comes into force twelve months after two ratifications have been registered; for any later Member, twelve months after its own registration. ILO: 5 September 1991. Article 39: denunciation after ten years. Article 44: the English and French versions are equally authentic.

Cover: the Palais des Nations in Geneva, the usual venue of the Conference; we do not claim the hall. Wikimedia Commons, free licence.

Sources consulted: Indigenous and Tribal Peoples Convention, 1989; Indigenous and Tribal Peoples Convention, 1989 (ILO C169).