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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 Based on careful research on official documentation and unpublished archival evidence, the book enquires into the origins of the ILO's historical interest in the living and working conditions of indigenous peoples, and traces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.

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Book Details

ISBN: 9780199284641
ISBN-10: 0199284644
Format: Hardback
(242mm x 163mm x 29mm)
Pages: 432
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 1-Dec-2005
Country of Publication: United Kingdom

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Author Biography - Luis Rodriguez-Pinero

Luis Rodriguez-Pinero received his Ph.D. in Law from the European University Institute, in Florence (Italy). He has conducted extensive research on the rights of indigenous peoples at the I.L.O. and other international organizations, as well as in various Latin American countries. He has also been involved in a number of cases related to different indigenous communities and organizations in Latin America. Among others, the author has worked as legal counsel in the implementation of the Inter-America Court of Human Rights' landmark decision in the case of the Awas Tingni Mayagna (Sumo) Indigenous Community v. Nicaragua.