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Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Spain (RATIFICATION: 2007)

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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The Committee notes the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), received on 2 August 2018, and of the General Union of Workers (UGT), received on 7 August 2018, as well as of the observations of the Spanish Confederation of Employers’ Organizations (CEOE) transmitted by the Government with its report.

The Committee notes the information provided by the Government and the social partners on the functioning and activities carried out by the Indigenous Programme of the Spanish Agency for International Development Cooperation in the framework of the implementation of the Spanish Strategy for Cooperation with Indigenous Peoples (ECEPI). The Committee observes that the Programme’s activities are structured around five priority areas, including: the promotion and implementation of the rights of indigenous peoples through the Convention; the support for the full and effective political participation of indigenous peoples in regional and international processes affecting them; the support for the use of the media; the promotion of policies to protect indigenous peoples in isolation and in initial contact. The Committee also notes the information provided on some projects financed and developed in the Latin American region within the framework of the ECEPI. The Committee welcomes the Government’s commitment and the interest of the social partners in promoting the Convention at the national and international levels.

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The Committee notes the comprehensive report provided by the Government for the period ending in June 2013. The Government reviews the main provisions of the Spanish Constitution of 1978 that ensure indigenous peoples’ effective enjoyment of their human rights, and the provisions of national law that prohibit discrimination on the basis of racial or ethnic origin. The Government emphasizes that in the same year that it ratified the Convention (2007), the Spanish Strategy for Cooperation with Indigenous peoples (ECEPI) was published. In order to implement the ECEPI, the Indigenous Programme of the Spanish Agency for International Development Cooperation (AECID) at the Ministry of Foreign Affairs and Cooperation was consolidated. The Committee notes with interest that the promotion and implementation of the rights of indigenous peoples through Convention No. 169 is one of the five priority components of the Indigenous Programme. The Government adds that, as a result of the ratification of the Convention, the ILO’s Programme to Promote Convention No. 169 (PRO 169) received €2,650,000 during the 2008–10 period. The ILO’s International Programme on the Elimination of Child Labour (IPEC), and the Secretariat of the Convention on biological diversity, among others, also received Spanish international cooperation resources to promote the rights of indigenous peoples. The Committee welcomes the Government on this generous approach, which promotes the Convention in both the national and international spheres. The Committee invites the Government to continue to provide information on the impact of the measures adopted to promote Convention No. 169 in the national context and of its international cooperation policy.

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The Committee notes the Government’s first report. The Committee notes the Government’s indication that there are no indigenous or tribal peoples in Spain, and as a result, the provisions of the Convention are not applicable within its territory. The Government refers to national and European legislation concerning equality of treatment and non-discrimination, as well as the National Human Rights Plan, one of the objectives of which is to promote human rights in the institutional framework. The Committee welcomes this ratification and the technical cooperation funds received from the Government to support the ratification and better implementation of the Convention in a number of countries, despite the absence of indigenous and tribal peoples within its territory. The Committee considers that this could contribute positively towards the ratification of the Convention by other countries even those that do not have indigenous and tribal peoples. It also reinforces the impact and relevance of the Convention and at the same time provides a benchmark for development assistance.