5.1. Consultation and participation: The cornerstone of the Convention The establishment of appropriate and effective mechanisms for the consultation of indigenous and tribal peoples regarding matters that concern them is the cornerstone of Convention No. 169, yet remains one of the main challenges in fully implementing the Convention in a number of countries.1) The Convention requires that indigenous peoples are able to effectively participate in decision-making processes which may affect their rights or interests. The establishment of processes of consultation is an essential means of ensuring effective indigenous peoples’ participation in decision-making. Thus, Articles 6 and 7 on consultation and participation are key provisions of Convention No. 169 and the “basis for applying all the others”, though a number of other Articles also make reference to consultation and participation.2) The principles of consultation and participation should be read in conjunction with the provisions on coordinated and systematic action to implement indigenous peoples’ rights (see section 3.1).
ILO Convention No. 169, Articles 6 & 7: 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 of decision-making in elective institutions and administrative and other bodies responsible for policies and programmes which concern them; (c) establish means for the full development of these peoples’ own institutions and initiatives, and in appropriate cases provide the resources necessary for this purpose. Article 6(2) The consultations carried out in application of this Convention shall be undertaken, in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures. Article 7(1). The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.
1) Committee of Experts, General Observation on Convention Nol. 169, 79th Session, 2008, published 2009. 2) See, for example, Committee of Experts, 76th Session, 2005, Observation, Guatemala, published 2006, para.6
v. Participation , consultation and consent
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