ILO Convention 107: A Historic Step for Indigenous Rights

In 1957, the world witnessed a landmark moment in the recognition of indigenous rights. The International Labour Organization adopted Convention 107, the first international treaty specifically addressing the human rights of indigenous peoples. Born in the aftermath of World War II, when concern for human rights was rising globally, this convention sought to protect indigenous and tribal populations from oppression and discrimination. Though it has since been replaced in many countries, its historical significance as a pioneering document remains undeniable.

Who did the convention seek to protect? 🔗

The convention applied to two distinct groups within independent countries. First, it covered tribal populations whose social and economic conditions were described as being at a less advanced stage than other sections of their national community, and who retained their own customs and traditions. Second, it included indigenous populations, defined as descendants of the original inhabitants of a region at the time of conquest or colonization, who lived more in accordance with their historical traditions than with the institutions of the nation state to which they belonged.

A third category was also recognized: semi-tribal groups who were in the process of losing their tribal characteristics but had not yet integrated into the national community. The convention emphasized self-identification as a key criterion for determining who fell under its protection.

Building a framework for protection and integration 🔗

At the heart of Convention 107 was a dual approach: protecting the rights of indigenous populations while facilitating their integration into national society. The convention placed primary responsibility on governments to develop coordinated and systematic action for this purpose. This included enabling indigenous populations to benefit equally from national laws and regulations, promoting their social and economic development, and creating possibilities for national integration without forced assimilation.

The convention mandated that indigenous and tribal peoples should enjoy human rights and freedoms without discrimination, including protection against gender discrimination. Nation states were required to adopt measures safeguarding the persons, institutions, property, labor, cultures, and environment of these populations. Importantly, these protective measures were not meant to conflict with the wishes of the people concerned or diminish their general rights of citizenship.

Respecting customary laws and traditions 🔗

One progressive aspect of the convention was its recognition of customary law. Article 7 stated that in defining the rights and duties of indigenous populations, regard should be given to their customary laws. These populations were allowed to retain their own customs and institutions, provided they were not incompatible with the national legal system or integration objectives.

The convention also encouraged using traditional methods of social control for dealing with crimes or offenses committed by members of these populations. When such methods were not feasible, the customs of indigenous groups regarding penal matters were still to be considered by the courts.

Land rights and the question of displacement 🔗

Perhaps one of the most contentious yet important provisions concerned land rights. The convention recognized that indigenous and tribal populations should have the right of ownership over lands they traditionally occupied. It stated that these populations should not be removed from their historical territories without their free consent.

However, a significant caveat existed: removal could occur for reasons of national security, economic development, or the health of the indigenous populations themselves. If removal was deemed absolutely necessary, the convention required that affected populations be given lands of equal quality, suitable to meet their present needs and future development. Full compensation for any resulting loss or injury was also mandated.

The convention further protected indigenous land rights by requiring arrangements to prevent non-members from exploiting customary land transfer practices or taking advantage of indigenous peoples’ lack of understanding of national laws to secure ownership of their lands.

Employment, vocational training, and economic opportunity 🔗

The convention addressed economic participation through several provisions. It guaranteed indigenous peoples’ access to full and occupationally safe employment without discrimination, under the same conditions as the rest of the population. This included the right to join legal trade unions and access to medical and social assistance, as well as adequate housing.

Regarding vocational training, the convention stated that persons belonging to indigenous populations should enjoy the same opportunities as other citizens in respect of vocational training facilities. Where such programs didn’t exist, governments were obligated to provide them. These training programs were to be based on careful study of the economic environment, cultural development stage, and practical needs of the indigenous population.

The convention also encouraged handicrafts and rural industries for economic development, but in a manner that preserved the cultural heritage of these populations and improved their artistic values and cultural expression modes.

Social security, health, and education 🔗

Convention 107 required governments to extend social security programs to all wage earners and other persons belonging to indigenous populations. Adequate health services were to be provided based on studies of their social, economic, and cultural conditions.

Education with cultural sensitivity 🔗

The education provisions of the convention were particularly noteworthy. Equal educational opportunities were to be available to indigenous populations at all levels, adapted to their stage of social, economic, and cultural integration into the national community. Such programs were to be preceded by ethnological surveys to ensure cultural appropriateness.

A progressive element was the mandate that children belonging to these populations should be taught to read and write in their mother tongue, or where not practicable, in the language most commonly used by their group. The convention called for a progressive transition from the mother tongue to the national or official language, while taking appropriate measures to preserve indigenous languages.

However, the ultimate goal was clear: education was to help children become integrated into the national community. The convention also required nation states to undertake educational measures for the broader national community to eliminate prejudices against indigenous populations.

The assimilationist legacy and eventual revision 🔗

Despite its pioneering status, Convention 107 has been widely criticized for its assimilationist orientation. The convention described indigenous populations as being at a “less advanced stage” and suggested that the process of losing their tribal characteristics was inevitable. This perspective reflected the dominant development discourse of the 1950s, which viewed integration into mainstream society as both desirable and unavoidable.

As indigenous groups gained visibility at the international level and began pushing for recognition of their rights as distinctive and permanent peoples, the limitations of Convention 107 became increasingly apparent. In 1986, an expert committee convened by the ILO concluded that the integrationist approach was obsolete and its application detrimental in the modern world.

This led to the revision of the convention during 1988-1989, resulting in the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The newer convention removed the assimilationist orientation and recognized indigenous peoples’ right to maintain their distinct identities and cultural practices. Convention 107 is no longer open for ratification, though it remains in force in 18 countries that ratified it but have not adopted Convention 169.

A total of 27 nations ratified ILO Convention 107, with several later denouncing it in favor of the improved Convention 169. Despite its flaws, Convention 107 took important first steps by discouraging forced assimilation, acknowledging indigenous rights to land, and prioritizing education in native languages. It paved the way for subsequent instruments, including Convention 169 and the 2007 UN Declaration on the Rights of Indigenous Peoples.

What do you think? How can international conventions balance the need to protect indigenous cultures with ensuring these communities have access to economic opportunities and national benefits? What lessons from Convention 107’s shortcomings should inform current approaches to indigenous rights?

References

1. https://indigenousfoundations.arts.ubc.ca/ilo_convention_107/
2. https://en.wikipedia.org/wiki/Indigenous_and_Tribal_Populations_Convention,_1957