Some concepts of the Governor at the end of 1 st Meeting of Indigenous Peoples in San Luis, Argentina
After the meeting with lonkos in which signed the final document, the governor of San Luis Dr. Alberto Rodriguez Saa, spoke with various media.
Among other things, said that "the strengthening of indigenous cultures is a lengthy process. Now comes the making of a statute, for approval by the legislature of San Luis, who say things by their name, the brothers are understood internally. But the road is much more difficult. "
With regard to some issues that were discussed in the moments before signing the document, the governor said 'you have to take it as a passion. This will happen until fully restore cultural rights can be exercised until the economic progress and has a kind of community self-sufficiency, economic viability. "
wondered what the way to prosper in these issues and said that "nobody knows yet. It will be testing one another. There will be ups and downs. There will be discussions yet interests. The more you grow, multiply the interest and the interest is always self-interest and unfortunately this will happen. "
later added that 'this must be understood. The road is long flowering and the full restoration of rights. Let's start ranqueles we are in the land, will take up the return, recovery of the culture, language, medicine and economic viability, perhaps a generation or more and in this, we must help, we need kindness , have tenderness, understanding, humility, namely forward, rewind and have patience. "
reflection was asked about the responsibility of leadership to lead an indigenous cultures and the governor, said that "it is a matter of great pride to me. Tomorrow they will say 'you did the highway and I'm going to remember I made a highway as a governor, but this ... I will never forget', ended with a smile.
The document was signed
Indigenous peoples of the nations that signed the document:
Rankulche Nation: Ralicó, Epumer, Gregory Yancamil, Willi Antu, Neunche, Panketrúz, genre, Nipuche, Witruche, Kuien Like, Nahuel Auca, Santiago Cayucos, Community Ranquel Toya, Mariano Rosas, Winki Kner and Yanketrúz, Manuel Baigorria, lonco Gauayki genre, Pueblo Mapuche: Nahuel Lonlas Community Payun, Pillán Laufú, Fis c Menuco Nehuen, Mapuche Gualmes Rankel: Cheuk Rankulche,, Oueblo Colla:
Chipchase, San Nandra Tincanacu, Pueblo Comechingón: Comunidad Inti Huasi Diaguita Village of Salta Province, People Huarpe: Guanacache Communities - San Luis, Pinkanta, sores Xumec, hallway, Nool people Gaganaq: Lima Community Qom lacaia Chaco. Wichi Village: Community Chaco.
The paper notes that was drafted to be presented "to the provincial and national authorities where we inform that:
1) As part of the Bicentennial, the Indigenous people decide that there is nothing to celebrate, because today has not materialized in legislation have seen the agreement, treaty and promised to us.
2) We need and demand for these two hundred years that the national authorities make a real commitment to good shows and intercultural relations.
· is immediately comply as it implies the Constitution to recognize and claim our Native Peoples Natural and Cultural Heritage, Tangible and Intangible Preexisting.
· is regulated by the laws already enacted, both national and provincial immediate implementation.
· is implemented in full with the ILO Convention No. 169 and is inserted into the Constitution. (A)
· is regulated in the Constitution Article N ° 75 inc. 17 in the provinces that adhered. (B)
comply immediately · the Law 26160, on the basis of not innovating in evictions of Indigenous Peoples lands and spread to the judiciary and government. (C)
3) We condemn the abuses of productive projects and programs, socioeconomic and tourist invade, defile and loot our sites, sacred lands and heritage of Indigenous Peoples.
4) We want to be declared as inviolable heritage to them, they regulate their views and work with the intervention of the Native Peoples of each ethnic group in the whole territory of Argentina. This is because we are the sole custodians, Guides and Spiritual Advisors Intercultural these Sacred Places, so it must return the management Brothers chosen by communities in all national and provincial parks that have this problem. Specifically to support and demand they stop the abuse and removal of remains in the hands of anthropologists and everything that was not recorded, eg in Punta Canal on Querandí Cemetery, Cemetery Lihuel Calel National Park, 25 May Cemetery ( Province of La Pampa), another cemetery found in the city of Maipú, Mendoza. Take as an antecedent Baradero Cemetery recovered. Besides the urgent return of all remains desecrated and taken to museums and laboratories, as llulla Mummies Yaco, Talampaya, Aconcagua, Sierra de los Padres, Sierras de Tandil, Sierras de Balcarce and Villa Cacique Barch, among others. Attached Resolution (CD) No. 5438 issued on October 13, 2009, University of Buenos Aires, for consideration.
5) national regulations were made to stop the abuses of discriminatory action, labor and human rights of Indigenous Peoples of Argentina, especially those with urgent problems such as Chaco Kom Villages, Wichi, Mocovi, Formosa, Pueblo Navogo , Salta Pueblo Colla, Wichi, Chorotes, Churupi, Chanee, Ava Guarani, Tápiate, Diaguita Calchaqui Aracameños, Luli Vilela, Tastil and Kom, Neuquén Mapuche people and those that may hereafter arise, shall be jointly sisters here with this problem and we reserve the right to make appropriate legal action in international fora, if this is not fulfilled. We declare that all the Native Peoples here and those who can join in later, negotiations with the state organized actions together, demonstrating that pre-existing human groups are one, therefore we also remember that the Human Rights Ethnicity overwhelmed each, were never recognized by the federal government and we need immediate resolution.
6) We demand equal treatment in the criteria for implementation of Education for all levels, the right to teach our culture, traditions, and worldview Geohistory; that is necessarily independent and unique teaching exclusively for Native Peoples Health and Medicine also Ancestral decent accommodation in their natural context for Indigenous Peoples. Respect for our history and our ancestors as if he will proceed Copyright.
7) Respect all the spirituality and practice, considering the diversity of it varies in each ethnic group should consider implementing the same in every town, because it is a worldview, but their implementation may vary.
8) Do not under any circumstances accept representation ours individuals or companies that have no pre-existing blood, only the authority delegated by Native Peoples. The units of the National, Provincial and Municipal engage us, should be opened with Brothers from the same communities or proposed by the same staff, who are those who understand our problems, feel and Cosmogony. We do not allow further handling them with thoughts that are unrelated to this outlook, as is the case of the National Institute of Indigenous Affairs.
9) We demand respect Ecosystems, in all its aspects. It makes immediate control of all water pollution, reduce hazardous landfill exudates, is eliminated open pit mining. Release the natural channels of rivers and waters throughout the Nation Argentina, to name some urgent cases: Atual and Rio Salado (Province of La Pampa), Guanacache Lakes complex (in the provinces compete), the Rio Bermejito contaminated ( Chaco), Rio San Juan contaminated (San Juan), Laguna de los Padres in Mar del Plata, pollution of the Sea (Mar del Plata). All appointed seriously compromise the existence of native peoples who live off their natural resources. And do not give in to claim the protection of the Glaciers. This document
arises from self-determination of those present at the FIRST INTERNATIONAL MEETING OF CULTURES ORIGINATING IN SAN LUIS, this being the cause of action in brotherhood, in search of justice we deserve.
San Luis Argentina, May 1, 2010
(b) - What does the Convention concerning Indigenous and Tribal N ° 169, International Labour Organization
Geneva, June 27, 1989
The General Conference of the International Labour Organization:
convened at Geneva by the Governing Body of the International Labour Office, and having met on 7 June 1989, at its seventy-sixth session;
Noting the international standards contained in the Convention and Recommendation on Indigenous and Tribal Peoples, 1957;
Recalling the terms of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the numerous international instruments prevention of discrimination;
Whereas developments in international law since 1957 and the changes in the situation of indigenous and tribal peoples in all regions of the world make it necessary to adopt new international standards in the field, in order to eliminate the assimilationist orientation of the earlier standards,
Recognising the aspirations of these peoples to exercise control over their own institutions and ways of life and economic development and to maintain and develop their identities, languages \u200b\u200band religions, within the framework of the States in which they live;
Noting that in many parts of the world these people can not enjoy the fundamental human rights in the same degree as the rest of the population of states in which they live and that their laws, values, customs and perspectives have often been eroded,
Recalling
distinctive contributions of indigenous and tribal peoples to cultural diversity, social and ecological harmony of humankind and to international cooperation and understanding;
Noting that the following provisions have been established with the cooperation of the United Nations, the Organization of the United Nations Food and Agriculture Organization of the United Nations Educational, Scientific and Cultural Organization the World Health Organization and the American Indian Institute, at appropriate levels and in their respective fields, and who intends to continue this collaboration in order to promote and ensure the implementation of these provisions,
After Having decided to adopt several proposals on the partial revision of the Convention on Indigenous and Tribal 1957 (No. 107), which is the fourth item on the agenda of the meeting, and
Having determined that these proposals shall take the form of an international Convention revising the Convention on Indigenous and Tribal Peoples, 1957
Adopts June 27th of 1989, the following Convention, which may be cited as the Indigenous and Tribal Peoples, 1989: Part I.
General Policy
Article 1 1. This Convention applies
a) tribal peoples in independent countries whose social, cultural and economic conditions distinguish them from other sectors of the national community and whose status is regulated wholly or partially by their own customs or traditions or by special laws
b) peoples in independent countries who are regarded as indigenous on account of their descent from the populations which inhabited the country or a geographical region to which belongs, at the time of conquest or colonization or the establishment of present state boundaries and who, whatever their legal status, retain all their own social, economic, cultural and political or part thereof.
2. The self-identification as indigenous or tribal shall be regarded as a fundamental criterion for determining the groups to which the provisions of this Convention.
3. The use of the term peoples in this Convention shall not be construed to have any implications as regards the rights which may attach to the term under international law.
Article 2 1. Governments should take responsibility for developing, with the participation of the peoples concerned, coordinated and systematic action to protect the rights of these peoples and to guarantee respect for their integrity.
2. Such action shall include measures:
a) ensuring that members of these peoples benefit on an equal footing, of rights and opportunities which national laws grant to other members of the population;
b) promoting the full realization of social, economic and cultural rights of these peoples, respecting their social identity identity, their customs and traditions and their institutions;
c) to assist members of the peoples concerned to eliminate differences that may exist between members of indigenous and other members of the national community, in a manner consistent with their aspirations and ways of life.
Article 3 1. Indigenous and tribal peoples shall enjoy the full rights fundamental freedoms without hindrance or discrimination. The provisions of this Convention shall apply without discrimination to male and female members of these peoples.
2. Not be used any form of force or coercion that violates human rights and fundamental freedoms of the peoples concerned, including the rights contained in this Agreement.
Article 4 1. Special measures must be taken to be appropriate for safeguarding the persons, institutions, property, labor, culture and environment of the peoples concerned.
2. Such special measures shall not be contrary to the freely expressed wishes of the people concerned.
3. Enjoyment without discrimination of the general rights of citizenship shall not be prejudiced in any way by such special measures.
Article 5 In applying the provisions of this Convention:
a) shall recognize and protect the values \u200b\u200band social practices, cultural, religious and spiritual values \u200b\u200bof these peoples shall be duly taken into consideration the nature of the problems they face collectively and individually;
b) must respect the integrity of the values, practices and institutions of these peoples;
c) policies with the participation and cooperation of peoples concerned, measures aimed at mitigating the difficulties experienced by these peoples in facing new conditions of life and work.
Article 6 1. In applying the provisions of this Convention, governments shall:
a) consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly;
b ) establish means by which these peoples can freely participate, to at least the same extent as other sectors of the population, at all levels in decision-making in elective institutions and administrative and other bodies responsible for policies and programs affecting them;
c) establish means for the full development of institutions and initiatives of indigenous peoples and in appropriate cases provide the resources necessary for this purpose .
2. The consultations carried out under this Convention shall be undertaken in good faith and in a manner appropriate to the circumstances, with the aim of reaching an agreement or consent on the proposed measures.
Article 7 1. The peoples concerned shall have the right to decide their own priorities in relation to the development process, to the extent it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and control, to the extent possible, their own economic, social and cultural. In addition, they shall participate in the formulation, implementation and evaluation of plans and programs of national and regional development which may affect them directly.
2. Improved living conditions and work and levels of health and education of the peoples concerned, with their participation and cooperation, should be high on the global economic development plans of the areas they inhabit. Special projects for development these regions should also be so designed to promote such improvement.
3. Governments should ensure that, whenever appropriate, studies are carried out in cooperation with the peoples concerned, to assess the social, spiritual, cultural and environmental activities that planned development on indigenous peoples . The results of these studies shall be considered as fundamental criteria for the implementation of these activities.
4. Governments shall take measures, in cooperation with the peoples concerned, to protect and preserve the environment of the territories they inhabit.
Article 8 1. Al implement national legislation to the peoples concerned shall take due account of their customs or customary laws.
2. These peoples shall have the right to retain their own customs and institutions, provided that these are not incompatible with fundamental rights defined by national legal system and with internationally recognized human rights. Whenever necessary, procedures should be established to resolve conflicts that may arise in the application of this principle.
3. The application of paragraphs 1 and 2 of this Article shall not prevent members of these peoples from exercising the rights granted to all citizens and from assuming the corresponding duties.
Article 9 1. To the extent that it is compatible with the national legal system and internationally recognized human rights must be respected methods to which the peoples concerned for dealing with offenses committed by its members.
2. The authorities and courts to rule on criminal matters should take into account the customs of indigenous peoples in the area.
Article 10 1. In imposing penalties laid down by general law on members of these peoples should take into account their economic, social and cultural rights.
2. Preference shall be given to methods of punishment other than imprisonment.
Article 11 The law shall prohibit and punish the exaction from members of the peoples concerned of compulsory personal services of any kind, paid or otherwise, except as provided by law for all citizens.
Article 12 The peoples concerned shall be safeguarded against the violation of their rights, and to begin legal proceedings, either personally or through their representative bodies, to ensure the effective protection of these rights. Should be taken to ensure that members of these peoples can understand and be understood in legal proceedings, providing, if necessary, interpreters or other effective means.
Part II. Land
Article 13 1. In applying the provisions of this part of the Convention, governments shall respect the special importance for the cultures and spiritual values \u200b\u200bof the peoples concerned of their relationship with the lands or territories, or both, as appropriate, to occupy or otherwise, and in particular the collective aspects of this relationship.
2. The use of the term lands in Articles 15 and 16 shall include the concept of territories, which covers the total environment of the areas which the peoples concerned occupy or otherwise.
Article 14 1. Shall be recognized by the peoples concerned the right of ownership and possession of the lands they traditionally occupy. In addition, in appropriate cases, should be taken to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. In this regard, particular attention should be paid to the situation of nomadic peoples and shifting cultivators.
2. Governments should take whatever steps are necessary to identify the lands which the peoples concerned traditionally occupy and guarantee effective protection of their rights of ownership and possession.
3. Appropriate procedures shall be established within the national legal system to resolve land claims by the peoples concerned.
Article 15 1. The rights of the peoples concerned to the natural resources on their lands shall be specially safeguarded. These rights include the right of these peoples to participate in the use, management and conservation of these resources.
2. If the State retains the ownership of mineral or subsurface resources or rights to other resources pertaining to lands, governments shall establish or maintain procedures to consult the peoples concerned, to determine if the interests would be prejudiced, and in what extent, before undertaking or permitting any exploration or exploitation of the resources on their lands. The peoples concerned shall wherever possible participate in the benefits of such activities, and receive fair compensation for any damage they may suffer as a result of these activities.
Article 16 1. Except as provided in the following paragraphs of this Article, the peoples concerned shall not be removed from the lands they occupy.
2. When exceptionally the relocation of these peoples is considered necessary, shall take place only with their consent, given freely and knowingly. Can not be obtained consent, the relocation shall take place only following appropriate procedures established by national legislation, including public inquiries where appropriate, in which the peoples concerned have the opportunity for effective representation.
3. Whenever possible, these peoples shall have the right to return to their traditional lands cease to exist as as the grounds for relocation.
4. When the return is not possible, as determined by agreement or, failing such agreement, through appropriate procedures, these peoples shall be provided in all possible cases with lands of quality and legal status at least equal to land previously occupied by them, provide for their present needs and future development. Where the peoples concerned express a preference for compensation in money or in kind, shall be so compensated under appropriate guarantees.
5. Shall be fully compensated people relocated for any loss or damage suffered as a result of their displacement.
Article 17 1. Must respect the procedures for transmission of land rights among members of these peoples established by these peoples.
2. Must consult the peoples concerned whenever deemed their capacity to alienate their lands or otherwise transmit their rights over these lands outside their community.
3. People should be prevented from belonging to these peoples can take advantage of the customs of these peoples or their ignorance of the laws by its members to secure ownership, possession or use of land belonging them.
Article 18 The law shall provide appropriate sanctions against any unauthorized intrusion into the lands of the peoples concerned, or any unauthorized use thereof by anyone other than them, and governments should take measures to prevent such offenses.
Article 19 National agrarian programs shall secure to the peoples concerned treatment equivalent to that accorded to other sectors of the population, for the purposes of:
a) the allocation of land for these peoples when they are available for providing the elements of a normal existence, or to deal with a possible increase in numbers;
b) the provision of the means necessary for the development of the lands which these peoples already possess.
Part III. Recruitment and Conditions of Employment
Article 20 1. Governments shall, within the framework of national legislation and in cooperation with the peoples concerned, adopt special measures to ensure that workers belonging to these peoples effective protection with regard to recruitment and conditions of employment, insofar as they are not effectively protected by laws applicable to workers in general.
2. Governments should do everything in their power to avoid any discrimination between workers belonging the peoples concerned and other workers, especially with regard to:
a) access to employment, including skilled employment and measures for promotion and advancement;
b) equal remuneration for work of equal value;
c) assistance medical and social, health and safety at work, all social security benefits and other benefits of employment and housing;
d) the right of association, right to engage freely in all union activities for lawful purposes, and right to conclude collective agreements with employers or employers' organizations.
3. The measures taken shall include ensuring that:
a) that workers belonging to the peoples concerned, including seasonal, casual and migrant workers in agriculture or other activities as well as those employed by labor contractors, enjoy the protection afforded by national law and practice to other such workers in the same sectors, and are fully informed of their rights under labor law and the resources available, b) that workers belonging to these peoples are not subjected to dangerous working conditions for health, particularly as a result of exposure to pesticides or other toxic substances;
c) workers belonging to these peoples are not subjected to coercive recruitment systems, including all forms of debt bondage;
d) that workers belonging to these peoples enjoy equal opportunities and equal treatment for men and women in employment and protection sexual harassment.
4. Attention should be given to the establishment of adequate inspection of work in regions undertake wage workers belonging to the peoples concerned, to ensure compliance with the provisions of this Part of this Convention.
Part IV. Vocational Training, Handicrafts and Rural Industries
article
21 members of the peoples concerned shall be provided with vocational training facilities at least equal to those of other citizens.
Article 22 1. Should be taken to promote the voluntary participation of members of the peoples concerned in vocational training programs of general application.
2. When the training programs of general application do not meet the special needs of the peoples concerned, governments shall, with the participation of indigenous peoples, which are made available programs and special training.
3. These special training programs should be based on economic, social and cultural conditions and practical needs of the peoples concerned. Any study in this regard should be conducted in cooperation with these nations, which must be consulted on the organization and operation of such programs. Where possible, these peoples shall progressively assume responsibility for the organization and operation of such special training programs, if they so choose.
Article 23 1. Crafts, rural industries and community activities related to traditional subsistence economy of the peoples concerned, such as hunting, fishing, trapping and gathering, shall be recognized as important factors in maintaining their culture and their self-sufficiency and economic development. With the participation of these people and whenever appropriate, governments should ensure the strengthening and promotion of such activities.
2. At the request of the peoples concerned, should be provided, whenever possible, appropriate technical and financial assistance that takes into account the traditional technologies and cultural characteristics of these peoples and the importance of sustainable and equitable development.
Part V. Health and Social Security Article 24
social security schemes should progressively extended to the peoples concerned, and applied without discrimination.
Article 25 1. Governments should ensure that they are made available to the peoples concerned adequate health services or provide them with resources to enable them to organize and provide such services under their own responsibility and control, so that may enjoy the highest attainable standard physical and mental health.
2. Health services shall, to the extent possible, be community. These services must be planned and administered in cooperation with the peoples concerned and take into account their economic, geographic, social and cultural, as well as their traditional preventive care, healing practices and medicines.
3. The health care system shall give preference to training and employment of local community health workers and focus on primary health care, while maintaining close links with other levels of health care, 4. The provision of such health services should be coordinated with other social, economic and cultural measures in the country.
Part VI. Education and Media
Article 26 must be taken to ensure that members of the peoples concerned the ability to acquire education at all levels, at least on an equal footing with the rest of the national community.
Article 27 1. The programs and education services for the peoples concerned shall be developed and implemented in cooperation with them to address their needs, and shall incorporate their histories, their knowledge and techniques, their value systems and their further social aspirations economic and cultural.
2. The competent authority shall ensure the training of members of these peoples and their involvement in the formulation and implementation of education programs in order to transfer these peoples gradually the responsibility for the conduct of these programs, as appropriate.
3. In addition, governments should recognize the right of these peoples to establish their own institutions and educational facilities, provided that such institutions meet minimum standards established by the competent authority in consultation with these peoples. Appropriate resources must be available for that purpose.
Article 28 1. Whenever feasible, should be taught to children of the peoples concerned to read and write in their own indigenous language or in the language most commonly used by the group to which they belong. When this is not practicable, the authorities competent authorities shall undertake consultations with these peoples with a view to adopting measures to achieve this goal.
2. Appropriate measures be taken to ensure that these peoples have the opportunity to master the national language or one of the official languages \u200b\u200bof the country.
3. Shall be taken to preserve the indigenous languages \u200b\u200bof the peoples concerned and promote the development and practice them.
Article 29
One goal of educating children of the peoples concerned shall be imparting general knowledge and skills to help them participate fully and equally in the life of their own community and in the community national.
Article 30 1. Governments should take steps according to the traditions and cultures of the peoples concerned, to let them know their rights and obligations, particularly with regard to employment, economic opportunities, the education and health issues, the social services and rights under this Agreement.
2. To that end, must be used, if necessary, written translations and the use of mass media in the languages \u200b\u200bof these peoples.
Article 31 shall be educational measures taken in all sectors of the national community, and especially where they are in direct contact with the peoples concerned, to eliminate prejudices that they may have concerning these people. To this end, efforts should be made to ensure that the history books and other educational materials provide a fair, accurate and informative portrayal of the societies and cultures of the peoples concerned.
Part VII. Contacts and Cooperation Across Borders
Article 32 Governments should take appropriate measures, including through international agreements, to facilitate contacts and cooperation between indigenous and tribal peoples across borders, including activities in the areas economic, social, cultural, spiritual and environmental.
Part VIII. Article 33 Administration
1. The governmental authority responsible for matters covered by this Convention shall ensure that agencies or other appropriate mechanisms to manage programs affecting the peoples concerned, and that such institutions or mechanisms have the means necessary for the proper performance their duties.
2. Such programs shall include:
a) the planning, coordination, implementation and evaluation, in cooperation with the peoples concerned, of the measures provided for in this Convention;
b) proposing of legislative and other competent authorities and enforcement of measures taken in cooperation with the peoples concerned.
Part IX. Article 34 General Provisions
The nature and extent of measures taken to give effect to this Convention shall be determined flexibly, taking into account the specific conditions of each country.
Article 35 The application of the provisions of this Convention shall not prejudice the rights and benefits of the peoples concerned pursuant to other Conventions and Recommendations, international instruments, treaties or laws, awards, custom or agreements.
Part X. Article 36 Final Provisions
This Convention revises the Indigenous and Tribal Populations, 1957.
Article 37 The formal ratifications of this Convention shall be communicated to the registration, the Director General of the International Labour Office.
Article 38 1. This Agreement shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director General.
2. Enter into force twelve months after the date on which the ratifications of two Members have been registered with the Director General.
3. Thereafter, This Agreement shall enter into force for any Member twelve months after the date on which its ratification has been registered.
Article 39 1. Each Member which has ratified this Convention may denounce it after a period of ten years from the date on which the Convention first comes into force, by an act communicated to registration, the Director General of the International work. The denunciation shall not take effect until one year after the date on which it is registered.
2. Each Member which has ratified this Convention and that, within one year after the expiration of ten years mentioned in paragraph paragraph, exercise the right of denunciation provided for in this Article shall be bound for another period of ten years and, thereafter, may denounce this Convention at the expiration of each period of ten years, as provided in this article.
Article 40 1. The Director General of the International Labour Office shall notify all Members of the International Organisation of the registration of all ratifications and denunciations communicated by the Members of the Organization.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date of entering into force of this Convention.
Article 41 The Director General of the International Labour Office shall notify the Secretary General of the United Nations, for the purposes of registration in accordance with Article 102 of the Charter of the United Nations, full particulars of all ratifications and acts of denunciation registered under the preceding articles. Article 42
Whenever deemed necessary, the Governing Body of the International Labour Office shall present to the Conference a report on the implementation of the Convention, and consider the desirability of placing on the agenda of the Conference the question of its revision in whole or in part.
Article 43 1. Should the Conference adopt a new Convention revising this Convention in whole or in part, and unless the new Convention otherwise provides:
a) the ratification by a Member of the new revising Convention shall ipso jure immediate denunciation of this Convention, notwithstanding the provisions of Article 39, when the new revising Convention shall come into force;
b) from the date of entry into force of the new Convention revising this Convention shall cease to be open to ratification by the Members.
2. This Agreement shall continue in force in any case, in form and content for those Members which have not ratified the revising Convention.
Article 44 The English and French texts of this Convention are equally authoritative.
Cross references Conventions: C107 Convention on Indigenous and Tribal Populations, 1957.
RECOMMENDATIONS: R104 Recommendation on Indigenous and Tribal Populations, 1957.
Revised: C107 This Convention revises the Indigenous and Tribal Populations, 1957 Ratifications
Country Date of ratification Location
Argentina Bolivia
11:12:91 3:07:00 ratified ratified ratified
Colombia Costa Rica 07:08:91 02:04:93 22:02:96 ratified ratified
Denmark Ecuador ratified 15:05:98 Fiji ratified
03:03:98 05:06:96
Guatemala Honduras ratified
Mexico ratified 28:03:95 05:09:90 19:06:90 Norway
ratified ratified ratified
Netherlands
02:02:98
Paraguay Peru ratified 02:02:94 02:02:94 ratified
(b) What does the Constitution of Argentina:
In its preamble: We, the representatives of the people of Argentina, meeting in General Congress at will and election of the provinces that compose it, in compliance with existing agreements, in order to form a national union, guarantee justice, secure domestic peace, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves, our posterity, and to all men in the world who wish to dwell on argentine soil: invoking the protection of God, source of all reason and justice, do ordain, decree and establish this Constitution for Argentina.
Article 75 inc. 17. To recognize the ethnic and cultural diversity of indigenous peoples in Argentina.
Ensure respect for their identity and their right to bilingual and intercultural education, recognize the legal status of their communities, and the possession and ownership of the lands they traditionally occupy, and to regulate the granting of other lands adequate and sufficient for human development , none of which shall be sold, transmitted or subject to liens or attachments. Ensure their participation in the management of their natural resources and other interests affecting them. The provinces may jointly exercise these powers
(c) What does the National Law No. 26,160 of Indigenous
emergency is declared in terms of possession and ownership land traditionally occupied by indigenous communities from the country, whose legal status has been registered on the National Register of Indigenous Communities or the provincial authority or those already in existence. Sanctioned
: November 1, 2006
Enacted: November 23, 2006
The Senate and Chamber of Deputies of Argentina
in Congress assembled, etc.
enact as law
SECTION 1 - Emergency is declared in terms of possession and ownership of lands traditionally occupied by indigenous communities from the country, whose legal status has been registered with the National Register of Indigenous Communities or the provincial authority or those existing, for a term of 4 (four) years.
(Infoleg Note: for art. 1 ° of Law N ° 26 554 BO 12.11.2009 extending the period specified in this Article, until November 23, 2013)
SECTION 2 - Suspend for a period of declared emergency, the enforcement of judgments, procedural or administrative acts, whose aim is the removal or vacation of the land referred to in Article 1.
The possession must be actual, traditional public and be reliably established.
(Infoleg Note: for art. 2 ° of Law N ° 26554 12/11/2009 BO extending the period specified in this Article, until November 23, 2013)
SECTION 3 - For 3 (three) years, commencing from the effective date of this Act, the National Institute Indigenous Affairs should make a technical, legal and cadastral survey of the ownership status of the lands occupied by indigenous communities and promote such actions as are necessary to the Indigenous Participation Council, Provincial Aboriginal institutes, national universities, national, provincial and municipal, indigenous organizations and NGOs.
(Note Infoleg: by art. 3 of Law No. 26,554 BO 12.11.2009 extending the period specified in this Article, until November 23, 2013 - article 30 referred to as the reference standard ")
SECTION 4 - A Fund Special care of indigenous communities, in the amount of $ 30,000,000 (THIRTY MILLION PESOS), to be allocated in 3 (THREE) consecutive financial years of $ 10,000,000 (TEN MILLION PESOS).
This fund may be used to meet expenses connected to:
a) a technical, legal and cadastral survey of land in traditional, contemporary and indigenous communities occupy public.
b) The professional work and extra-judicial cases.
c) regularization programs.
SECTION 5 - The Fund established by Article 4, is assigned to the National Institute of Indigenous Affairs (INAI).
SECTION 6 - This is a public order law.
SECTION 7 - Communicate to the Executive.
DADA IN THE CHAMBER OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, THE FIRST DAY OF NOVEMBER TWO THOUSAND AND SIX YEAR - - REGISTERED UNDER THE NUMBER 26160 -
an important issue: In a total population of 33.9 million , Argentina has an indigenous population of 372,996 people, equivalent to 1.10%, according www.mapahumano.com.ar
Text: Mary Evelyn Perez Nicotra
Photo: Tino Videla - Government of the Province of San Luis - Argentina
Tuesday May 4, 2010 - 5: 30 am
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