The Requirement of Consultation with Indigenous Peoples in the ILO: Between Normative Flexibility and Institutional Rigidity
Autor Maria Victoria Cabrera Ormazaen Limba Engleză Hardback – 22 noi 2017
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Specificații
ISBN-13: 9789004355989
ISBN-10: 9004355987
Pagini: 248
Dimensiuni: 155 x 235 mm
Greutate: 0.52 kg
Editura: Brill
Colecția Brill | Nijhoff
ISBN-10: 9004355987
Pagini: 248
Dimensiuni: 155 x 235 mm
Greutate: 0.52 kg
Editura: Brill
Colecția Brill | Nijhoff
Cuprins
Foreword
Acknowledgements
List of Acronyms
Introduction
1 Setting the Scene: The ilo and the Perennial Uncertainty around the Requirement of Consultation with Indigenous Peoples
2 Research Questions and Methodology
3 Structure of the Book
1 General Background
1 The ilo and Its Standard System in a Nutshell
1.1The ilo’s Broad Mandate
1.2Tripartism
1.3The ilo Functioning
1.4International Labour Standards
1.5ilo Supervisory System
2 Historical Development of ilo Standards Concerning Indigenous Peoples
2.1Standards on Indigenous Workers
2.2Concern for Indigenous Populations in ilo Regional Conferences
2.3Standards on ‘indigenous populations’ and the Question of ilo Competence
2.4Criticism against ilo Convention No. 107 and the Genesis of Convention No. 169
2 Consultation with Indigenous Peoples: Conception and Normative Dimensions
1 The Notion of Consultation in the ilo Regime
2 Overview of the Provisions on Consultation in ilo Convention No. 169
3 History of the Concept of Consultation with Indigenous Peoples
3.1Early Developments in the Context of ilo Convention No. 107
3.2Debates Within the Development Process of ilo Convention No. 169
4 Dimensions of the Concept of Consultation with Indigenous Peoples
4.1Consultations with Indigenous Organizations during the Negotiation of Convention No. 169
4.2Consultation as a Guiding Principle of ilo Convention No. 169
4.3The Human Rights Dimension of the Requirement of Consultation
5 Conclusions and Outlook
3 State Practice
1 Preliminary Considerations
1.1Incorporation of International Norms
1.2The Need for the Adoption of Implementing Legislation
1.3The Role of National Courts
2 State Practice on Consultation among States Parties to ilo Convention No. 169
2.1Convention No. 169 as a Support for Democracy in Latin America
2.2Convention No. 169 in the Commonwealth of Nations: Dominica
2.3Scandinavian Countries: Progress in Consultation Mechanisms
2.4Asia and Oceania: Consultation in a Contested Terrain
2.5Convention No. 169 in the Central African Republic: Consultation in a Context of Armed Conflict in Africa
3 Comparison and Conclusions
4 Practice of the ilo Supervisory Bodies
1 Regular Reporting System (Art. 22 of the ilo Constitution)
1.1The ceacr and its Contested ‘interpretive functions’
1.2Examination of State Reports Concerning ilo Convention No. 169: Procedural Aspects
1.3Possibility for Indigenous Peoples to Provide Comments on State’s Reports
1.4The Requirement of Consultation with Indigenous Peoples in the Jurisprudence of the ceacr
2 Debates over Consultation Within the cas 132
3 Consultation with Indigenous Peoples in the Context of Representations (Art. 24 of the ilo Constitution)
3.1Tripartite Committees’ General Approach
3.2The Requirement that Consultation Should be Prior
3.3Subjects Entitled to Consultation and the Question of Indigenous Representation
3.4Measures to be Consulted on with Indigenous Peoples
4 Conclusions and Outlook
5 Consultation with Indigenous Peoples in International Human Rights Law
1 The Requirement of Consultation and Free, Prior and Informed Consent under the un System of Human Rights
1.1Indigenous Peoples in the un in a Nutshell
1.2The Requirement of Consultation and Free, Prior and Informed Consent under the undrip
1.3Consultation and Free, Prior and Informed Consent in the Practice of the Human Rights Treaty Bodies
1.4Consultation and Free, Prior and Informed Consent in the Work of the un Special Rapporteur on the Rights of Indigenous Peoples
1.5Consultation and Free, Prior and Informed Consent in the Studies of the Expert Mechanism on the Rights of Indigenous Peoples
2 The Notion of ‘consultation’ with Indigenous Peoples in Regional Human Rights Systems
2.1The Contribution of the Inter-American System of Human Rights
2.2Indigenous Peoples and the Question of Consultation in the African Human Rights System
3 Evaluation
3.1Consultation with Indigenous Peoples, an Evolving Norm of Customary International Law?
3.2A Treaty Norm vs. a Customary Rule on Consultation with Indigenous Peoples
3.3Consultation with Indigenous Peoples as a General Principle of International Law
6 Overall Assessment
1 Reconsidering Flexibility
2 Rectifying Indeterminacy
2.1The Option of a Supplementary Recommendation to ilo Convention No. 169
2.2A Resolution of the International Labour Conference
2.3A Need for an icj Advisory Opinion?
2.4Clarification by the International Labour Office
2.5The Failed Attempt to Undertake a General Survey on ilo Convention No. 169
2.6Standard Review Mechanism 1
3 Revisiting the Interpretive Practice of ilo Supervisory Bodies
3.1The Inappropriateness of the Current Interpretive Approach
3.2A Human Rights-Oriented Interpretive Approach to ilo Convention No. 169
4 Institutional Considerations
4.1Re-reading the ilo Mandate
4.2The ilo Cooperation with the un in the Promotion of Indigenous Peoples’ Rights
4.3A Special Committee to Deal with C169?
Conclusions
List of References
Index
Acknowledgements
List of Acronyms
Introduction
1 Setting the Scene: The ilo and the Perennial Uncertainty around the Requirement of Consultation with Indigenous Peoples
2 Research Questions and Methodology
3 Structure of the Book
1 General Background
1 The ilo and Its Standard System in a Nutshell
1.1The ilo’s Broad Mandate
1.2Tripartism
1.3The ilo Functioning
1.4International Labour Standards
1.5ilo Supervisory System
2 Historical Development of ilo Standards Concerning Indigenous Peoples
2.1Standards on Indigenous Workers
2.2Concern for Indigenous Populations in ilo Regional Conferences
2.3Standards on ‘indigenous populations’ and the Question of ilo Competence
2.4Criticism against ilo Convention No. 107 and the Genesis of Convention No. 169
2 Consultation with Indigenous Peoples: Conception and Normative Dimensions
1 The Notion of Consultation in the ilo Regime
2 Overview of the Provisions on Consultation in ilo Convention No. 169
3 History of the Concept of Consultation with Indigenous Peoples
3.1Early Developments in the Context of ilo Convention No. 107
3.2Debates Within the Development Process of ilo Convention No. 169
4 Dimensions of the Concept of Consultation with Indigenous Peoples
4.1Consultations with Indigenous Organizations during the Negotiation of Convention No. 169
4.2Consultation as a Guiding Principle of ilo Convention No. 169
4.3The Human Rights Dimension of the Requirement of Consultation
5 Conclusions and Outlook
3 State Practice
1 Preliminary Considerations
1.1Incorporation of International Norms
1.2The Need for the Adoption of Implementing Legislation
1.3The Role of National Courts
2 State Practice on Consultation among States Parties to ilo Convention No. 169
2.1Convention No. 169 as a Support for Democracy in Latin America
2.2Convention No. 169 in the Commonwealth of Nations: Dominica
2.3Scandinavian Countries: Progress in Consultation Mechanisms
2.4Asia and Oceania: Consultation in a Contested Terrain
2.5Convention No. 169 in the Central African Republic: Consultation in a Context of Armed Conflict in Africa
3 Comparison and Conclusions
4 Practice of the ilo Supervisory Bodies
1 Regular Reporting System (Art. 22 of the ilo Constitution)
1.1The ceacr and its Contested ‘interpretive functions’
1.2Examination of State Reports Concerning ilo Convention No. 169: Procedural Aspects
1.3Possibility for Indigenous Peoples to Provide Comments on State’s Reports
1.4The Requirement of Consultation with Indigenous Peoples in the Jurisprudence of the ceacr
2 Debates over Consultation Within the cas 132
3 Consultation with Indigenous Peoples in the Context of Representations (Art. 24 of the ilo Constitution)
3.1Tripartite Committees’ General Approach
3.2The Requirement that Consultation Should be Prior
3.3Subjects Entitled to Consultation and the Question of Indigenous Representation
3.4Measures to be Consulted on with Indigenous Peoples
4 Conclusions and Outlook
5 Consultation with Indigenous Peoples in International Human Rights Law
1 The Requirement of Consultation and Free, Prior and Informed Consent under the un System of Human Rights
1.1Indigenous Peoples in the un in a Nutshell
1.2The Requirement of Consultation and Free, Prior and Informed Consent under the undrip
1.3Consultation and Free, Prior and Informed Consent in the Practice of the Human Rights Treaty Bodies
1.4Consultation and Free, Prior and Informed Consent in the Work of the un Special Rapporteur on the Rights of Indigenous Peoples
1.5Consultation and Free, Prior and Informed Consent in the Studies of the Expert Mechanism on the Rights of Indigenous Peoples
2 The Notion of ‘consultation’ with Indigenous Peoples in Regional Human Rights Systems
2.1The Contribution of the Inter-American System of Human Rights
2.2Indigenous Peoples and the Question of Consultation in the African Human Rights System
3 Evaluation
3.1Consultation with Indigenous Peoples, an Evolving Norm of Customary International Law?
3.2A Treaty Norm vs. a Customary Rule on Consultation with Indigenous Peoples
3.3Consultation with Indigenous Peoples as a General Principle of International Law
6 Overall Assessment
1 Reconsidering Flexibility
2 Rectifying Indeterminacy
2.1The Option of a Supplementary Recommendation to ilo Convention No. 169
2.2A Resolution of the International Labour Conference
2.3A Need for an icj Advisory Opinion?
2.4Clarification by the International Labour Office
2.5The Failed Attempt to Undertake a General Survey on ilo Convention No. 169
2.6Standard Review Mechanism 1
3 Revisiting the Interpretive Practice of ilo Supervisory Bodies
3.1The Inappropriateness of the Current Interpretive Approach
3.2A Human Rights-Oriented Interpretive Approach to ilo Convention No. 169
4 Institutional Considerations
4.1Re-reading the ilo Mandate
4.2The ilo Cooperation with the un in the Promotion of Indigenous Peoples’ Rights
4.3A Special Committee to Deal with C169?
Conclusions
List of References
Index
Notă biografică
María Victoria Cabrera Ormaza, who received her Ph.D. from Göttingen University in 2017, is Professor of Public International Law at Universidad Espíritu Santo-Ecuador. She has worked for the ILO on indigenous issues and has published in the field of indigenous rights.