INTERNATIONAL LAW FOR TRIBAL PEOPLE – FAQ OF
SURVIVAL INTERNATIONAL
What is most
important about the law for tribal peoples?
International law clearly says that tribal peoples
own the lands they live on and use. Your country may also have its own laws about
tribal peoples. National laws should not contradict international law, though
in fact many do.
How do you
find out about your own country's laws?
Indigenous organisations should be able to provide
copies of the relevant national laws and explain them. If not, ask the
government (either the department that deals with indigenous peoples or the
ministry of justice or law). Often such requests will be ignored. In that case,
we suggest you carry on asking repeatedly.
What are the relevent international Laws?
The two most important laws about tribal peoples are
Conventions 107 and 169 of the International Labour Organisation (ILO), part of
the United Nations (UN).
What does
convention 107 say about land?
Article 11 says, 'The right of ownership, collective
or individual, of the members of the populations concerned over the lands which
these populations traditionally occupy shall be recognised.'
What does
convention 169 say about land?
Article 14 states, 'The rights of ownership and
possession of the peoples concerned over the lands which they traditionally
occupy shall be recognised.' It obliges governments to identify the lands and
protect these rights
What else does
convention 169 say?
It ensures recognition of tribal peoples' cultural
and social practices, obliges governments to consult with tribal peoples about
laws affecting them, guarantees respect for tribal peoples' customs, and calls
for protection of their natural resources.
What force do
these laws have?
If your country has signed up to either of these
conventions, then it is law in your country. More countries sign the newer
Convention 169 (but not 107) all the time.
Which
countries have signed up to 107, but not yet 169?
Angola
Belgium
Cuba
Dominican
Republic
Egypt
Ghana
Guinea
Bissau
Haiti
Iraq
Malawi
Pakistan
Survival has worked for tribal people in those
countries written in bold, as well as in many others which have not agreed to
either law.
Argentina
Bolivia
Brazil
Colombia
Costa
Rica
Denmark
Fiji
Honduras
Survival has worked for tribal people in those
countries written in bold, as well as in many others which have not agreed to
either law.
Even if it has not, they can still be used to show
your government what the international standards are, and to urge it to apply
them.
What if your
country's law disagrees with international law?
You should point this out to the ministry of justice
or law, preferably by writing. Such letters will often be ignored, but it is
useful to send more letters repeatedly, to the most senior person responsible -
the minister or even the president.
Source: http://www.survival-international.org/resources.php?category_id=1