The Requirement of Consultation with Indigenous Peoples in the ILO : Between Normative Flexibility and Institutional Rigidity

In 'the Requirement Of Consultation With Indigenous Peoples In The Ilo', María Victoria Cabrera Ormaza Examines The Law-making And Interpretive Practice Of The International Labour Organization (ilo) Relating To Indigenous Peoples With A Particular Focus On The Consultation Requirement Established By Article 6 Of Ilo Convention No. 169. Taking Into Account Both The Mandate And Institutional Characteristics Of The Ilo, The Author Explains How The Ilo Understands The Notion Of Consultation With Indigenous Peoples And Outlines The Flaws In Its Approach. Through A Comprehensive Analysis Of State Practice And Human Rights Jurisprudence Concerning Indigenous Peoples, The Author Explores The Normative Impact Of Ilo Convention No. 169, While Revisiting The Ilo?s Potential To Help Harmonize Different Interpretations Of The Consultation Requirement. Foreword -- Introduction -- General Background -- Consultation With Indigenous Peoples : Conception And Normative Dimensions -- State Practice -- Practice Of The Ilo Supervisory Bodies -- Consultation With Indigenous Peoples In International Human Rights Law -- Overall Assessment -- Conclusions. By Maria Victoria Cabrera Ormaza. Includes Bibliographical References And Index. Intro -- The Requirement of Consultation with Indigenous Peoples in the ILO: Between Normative Flexibility and Institutional Rigidity -- Copyright -- Contents -- 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 -- 1.1 The ILO's Broad Mandate -- 1.2 Tripartism -- 1.3 The ILO Functioning -- 1.4 International Labour Standards -- 1.5 ILO Supervisory System -- 2 Historical Development of ILO Standards Concerning Indigenous Peoples -- 2.1 Standards on Indigenous Workers -- 2.2 Concern for Indigenous Populations in ILO Regional Conferences -- 2.3 Standards on 'indigenous populations' and the Question of ILO Competence -- 2.4 Criticism 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 -- 3.1 Early Developments in the Context of ILO Convention No. 107 -- 3.2 Debates Within the Development Process of ILO Convention No. 169 -- 4 Dimensions of the Concept of Consultation with Indigenous Peoples -- 4.1 Consultations with Indigenous Organizations during the Negotiation of Convention No. 169 -- 4.2 Consultation as a Guiding Principle of ILO Convention No. 169 -- 4.3 The Human Rights Dimension of the Requirement of Consultation -- 5 Conclusions and Outlook -- 3 State Practice -- 1 Preliminary Considerations -- 1.1 Incorporation of International Norms In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach.-- Résumé de l'éditeur