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Ilo Agreement 169

ILO Convention 169 is both a legal agreement and provides technical assistance to ratifying countries. It proposes measures and protection measures to ensure that indigenous peoples effectively benefit from ratification. Ratification of the Convention also gives a country access to „monitoring mechanisms, technical assistance programmes and tripartite members of the ILO (government, employers and workers) that would facilitate monitoring of the implementation” of national laws and policies. It is an invaluable resource for governments trying to repair and improve relationships with Indigenous peoples. In November 2009, a court decision in Chile, considered a milestone with regard to indigenous rights, made use of the ILO law on the Convention. The court ruled unanimously in favor of a water flow of 9 liters per second for the municipalities of Chusmiza and Usmagama. The dispute had lasted 14 years and focused on communal water rights in one of the driest deserts in the world. The Supreme Court`s decision on water rights in Aymara confirms the judgments of the Pozo Almonte Court and the Iquique Court of Appeal and constitutes the first judicial application of ILO Convention 169 in Chile. [6] Prior to this decision, some protests regarding Non-Compliance with Convention 169 in Chile had intensified.

Mapuche leaders have filed an injunction against Bachelet and Presidential Minister José Antonio Viera Gallo, who is also coordinator of indigenous affairs, arguing that the government has not fully respected Convention 169`s clause on the right to „prior consultation,” which must be conducted „in good faith and in a form appropriate to the circumstances.” with the aim of reaching an agreement or agreement on the proposed measures”, such as for example. B forestry, agro-industry or mining projects in aboriginal regions. There have already been several examples of the successful implementation of the ILO Convention in Chile, such as the case of a Machi woman who filed a complaint to protect a grass field that was used for medical purposes and was threatened by the forestry industry. . . .