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Vol 21 No 9 Sept/Oct 2016

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Indigenous Peoples, Postcolonialism, and International Law: The ILO Regime (1919-1989)

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ISBN13: 9780199284641
ISBN: 0199284644
Published: December 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £89.00

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Indigenous Peoples, Postcolonialism, and International Law: The ILO Regime (1919-1989) explores the historical process leading to the emergence of indigenous peoples as distinct objects of modern international law, through the activity of the International Labour Organization (ILO). The ILO is the institutional site for the two current legally binding international instruments dealing with indigenous peoples, Convention No. 107 (1957), and Convention No. 169 (1989).

Based on careful research on official documentation and unpublished archival evidence, the book enquires into the origins of the ILO's historical interest in the living and working conditions of indigenous peoples, and traces this back to the organization's early concern on the conditions of life of 'native workers' in colonial territories in the inter-war period. The book connects this early concern with the organization's regional policy in the Americas, where the 'Indian problem' became a priority on the organisation's agenda. These historical processes set the ground for the adoption, a few years later, of Convention No. 107 and Recommendation No. 104, instruments that translate the main assumptions of state development policies towards indigenous groups into international law.

After an examination of the origins and content of Convention No. 107, the book sheds light on the process that lead the I.L.O. to reshape its old policies into the form of Convention No. 169, the most up to date and important international treaty dealing with the rights of indigenous peoples today.

  • Combines philosophical, political and historical perspectives with legal analysis of indigenous issues and the ILO Conventions
  • The book is based on unprecedented research on official documentation and unpublished archival material
  • Connects the evolution of international law regarding indigenous peoples to wider normative trends, development and applied anthropology
  • Indigenous peoples issues are of growing importance in a number of jurisdictions eg: Latin America, Canada, United States, Australia, New Zealand, Africa and Asia

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Public International Law
I Historical Origins
1. The Colonial Code: The ILO and 'Native Labour' (1919 - 56)
2. The Internationalisation of Indigenism: The ILO and the 'Indian Problem' (1936 - 49)
3. I.L.O. and Applied Anthropology: The Indigenous Labour Programme (1949 - 55)
II The Language of Integration
4. From Policy to Law: The Making of the ILO Instruments on Indigenous, Tribal. and Semi-Tribal Populations (1949 - 57)
5. Constructing 'Indigenous Populations': Convention No 107 and the Modern Concept of Indigenousness
6. The Language of Integration: ILO Convention No 107
III The Fall of Integration
7. Integration in Practice: the Implementation of Convention No 107 (1959 - 89)
8. The Fall of Integration: the Revision of Convention No 107 (1975 - 88)
9. The Language of Rights: Convention No 169 (1989)