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This article explores the key principles and necessary considerations for implementing Convention No. 169, including consultation and participation, coordinated action, flexibility, and resource allocation. It also highlights specific mechanisms for consultation and representation, recognition of land rights, and addressing socio-economic gaps. The importance of data and indicators in monitoring implementation progress is also emphasized.
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Some main principles • Consultation and participation • Coordinated and systematic action • Flexibility in implementation
C.169 requires: Special measures to safeguard institutions, culture, environment ... Agencies and appropriate mechanisms - with necessary means Resources and means to develop IPs’ own institutions and initiatives Some necessary considerations: Coordinating body for government mainstreaming Constitution and legislation PRS/Sector policies Inclusive institutions Targeted groups and areas (vulnerability) Implementation mechanisms
Lessons learned: implementation • Long-term process • Need to prioritise • Link research, planning, implementation, monitoring and reporting • Design mechanisms • Build capacity • Involve all partners
Specific mechanisms – within a culture of consultation Representation in Parliament and in local governance institutions Consultative bodies and inclusion of IP bodies Legislation on specific consultations Consultation and participation: An obligation of the State • Whenever: • Legislative and administrative measures • Special measures • National and regional plans and programmes • Management or exploitation of natural resources • Transmission of land rights and relocation Constructive rather than defensive mechanism
Recognition of ownership/user rights to traditional lands/territories • Identification of lands, titling and recognition of rights, resolution of land claims, restitution • Complexity of rights and diversity of modalities (collective/individual) • Inclusive and area-based approach • Resources and institutional capacity • Transparency and benchmarks
Eliminate socio-economic gaps • Health: Equal acces and traditional practices • Education: Equal access and bilingual-intercultural education • Vocational training:Equal access and special measures (bilingual teachers, health workers…) • Employment and occupation:Equal access and support to traditional occupations
Data and indicators • Lack of data – invisibility in national statistics, mobility of identity • Census and disaggregating data related to existing indicators (e.g. MDG, EFA) • Specific indicators and data gathering: E.g., vulnerable groups, land rights… • Benchmarks for implementation of Convention No. 169