COmPLAINTS REGARDING NON- OBSERVANCE Of CONVENTION NO. 169

1 8 3 x I V. C O N V E N T I O N N O . 1 6 9 : R AT I f I C AT I O N , I m P L E m E N TAT I O N , S U P E R V I S I O N A N D T E C H N I C A L A S S I S TA N C E No. 169. Constitution, art. 5 2: Colombia: • International treaties have force of law upon ratiication, human rights conventions have the same rank as the Constitution Constitution, arts. 53 and 93, para. 1; Costa Rica: • International treaties have force of law upon ratiication and their rank is higher than national law Constitution, art. 7; Denmark: • International treaties do not have force of law upon ratiication; Dominica: • International treaties do not have force of law upon ratiication; Ecuador: • International treaties have the force of law upon the ratiication and have a higher rank than ordinary laws. Treaties on human rights which recognize rights that are more favorable than those contained in the Constitution will prevail over any other legal norm or any act of the public authorities Constitution, Articles 417, 424 and 425; Fiji: • International treaties do not have force of law upon ratiication; Guatemala: • International treaties have force of law upon ratiication, human rights conventions prevail in domestic order Constitution, art. 46; Honduras: • International treaties have force of law upon ratiication and their rank is higher than national law Constitution, arts. 16 and 18; México: • International treaties have force of law upon ratiication and their rank is higher than national law Constitution, art. 133; Nepal: • International treaties have force of law upon ratiication and prevail over conlicting national law 1990 Treaty Act, sec. 9; Netherlands: • International treaties are directly applicable and their rank is the same as the Constitution Constitution, art. 94; Norway: • International treaties do not have force of law upon ratiication Constitution, art. 110; Paraguay: • International treaties have force of law upon ratiication and their rank is higher than national law Constitution, 137, para. 1 and 141; Peru: • International treaties have the force of law upon ratiication. Human rights treaties have the same rank as the Constitution Constitution, Articles

3, 55 and Fourth inal and transitory provision; Spain:

• International treaties have force of law upon ratiication and their rank is higher than national law Constitution, art. 96, para. 1; Venezuela: • International treaties have force of law upon ratiication, human rights conventions have the same rank as the Constitution Constitution, arts 22 and 23.

14.8. ENTRy INTO fORCE AND RETROACTIVITy

Convention No. 169 contains a provision, stipulating that it comes into force 12 months after the registration of its ratiication by the ILO. Until the Convention comes into force, it has no effect in international law. ILO Convention No. 169: Article 383 establishes that: “this Convention shall come into force for any Member twelve months after the date on which its ratiication has been registered.” In its analysis of the application of the Convention, the ILO Committee of Experts has reafirmed on several occasions that the Convention cannot be applied retroactively. However, on several occasions, the Committee has also stated that if the consequences of decisions taken prior to its entry into force continue to affect the indigenous peoples in question, the Convention would be applicable with respect to such consequences.