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3.4. kEy PROVISIONS fOR ImPLEmENTATION
In summary, the key provisions of Convention No. 169 with regards to implementation point to the
duality of the overall purpose:
To overcome discrimination and ensure that •
indigenous peoples beneit on an equal footing in the national society see also
section 3.2. on fundamental rights; To ensure that indigenous peoples can
• develop their social and cultural identity,
customs, traditions and institutions, in accordance with their own aspirations see
also section 4 on respect for indigenous institutions.
Consequently, the Convention relects this duality in the suggested implementation mechanisms, which
aim at: Ensuring that indigenous peoples have
• equal access to rights and services within
the national society and that the concern for indigenous peoples is considered in all
sectors mainstreaming; Overcoming the marginalization and
• discrimination of indigenous peoples and
responding to their special needs, rights and aspirations.
The key elements for ensuring adequate implementation are:
Coordinated and systematic action, ensuring •
coherence among the various government institutions that hold responsibilities vis-à-vis
indigenous peoples; Establishment of adequate institutions and
• mechanisms with the necessary resources
that enable them to fulill their function; Development of special measures to
• safeguard the persons, institutions, property,
labour, cultures and environment of indigenous peoples;
Establishment of institutionalized mechanisms •
that ensure adequate consultation and participation of indigenous peoples in all
stages of implementation, including planning, co-ordination, execution and evaluation see
also section 5.
In most cases, coordinated and systematic action is a longer-term process that will require a number of
simultaneous and complementary steps:
Careful analysis and amendment of existing •
laws, policies and programs in all sectors, in consultation with the peoples concerned,
to ensure that these are in line with the Convention;
Enactment of new legislation or regulations
• where necessary, and following consultation
to make the provisions of the Convention operational;
Establishment of speciic institutions to •
promote and implement indigenous peoples’ rights, or - particularly in countries with a
large indigenous population - institutions to coordinate the implementation, across
sectors and levels of governance; Establishment of permanent mechanisms
• at all levels of governance for indigenous
peoples’ participation in decision-making, including for the planning, implementation,
monitoring, evaluation and reporting on implementation measures;
Establishment of clear priorities and
• timeframes for implementation, in order to
generate collaboration and minimize risk of conlict;
Assignment of necessary budgetary •
resources, both for speciic actions and for mainstreaming efforts across sectors;
Awareness-raising, training and capacity- •
building of indigenous representatives and communities, decision-makers, government
oficials, judges, media as well as the public in general.
See also section 14 on implementation and supervision of the Convention.
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3.5. COmmENTS By THE ILO SUPERVISORy BODIES: COORDINATED AND SySTEmATIC
