Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. The Committee refers to its observation and to the extensive legislative activity that has taken place since shortly before the Convention’s ratification. It hopes the Government will begin in its next report to communicate more information on the Convention’s application in practice. It is requesting a second detailed report on the Convention, meaning that information should be provided on the practical implementation of each provision. It would draw particular attention to the following questions.

2. Article 1 of the Convention. Identification. The Committee notes the extract provided from the Indigenous Census of 2001. If the census contains more information on the living and working conditions of the indigenous peoples of the country, the Committee would appreciate receiving a copy.

3. Articles 2 and 6. Participation. The Committee notes the statement that indigenous peoples will henceforth participate actively in the design, planning and execution of development projects affecting them. The Government indicates that this is one of the major objectives of the General Directorate of Indigenous Affairs of the Ministry of Education and Sports. It requests the Government to provide information on how this is to be done in practical terms.

4. Article 3. Enjoyment of human rights. The Committee notes the creation of the Special Defender for Indigenous Peoples. It requests the Government to provide information in its next report on the work of this office.

5. Article 6. Legislative drafting. The Committee notes with interest that, when the report was communicated in September 2004, the draft Basic Law on indigenous peoples and communities was undergoing its second discussion, with the participation for the first time of indigenous peoples. Please describe how this participation was ensured and provide a copy of the new legislation once adopted.

6. Article 7. Coordination of activities. The Committee notes from the report that presently different bodies are carrying out programmes in indigenous communities that duplicate efforts and spending, and that these efforts will henceforth be coordinated. Please provide information on how this is being done.

7. Article 20. Labour. The Committee notes from the report that equal protection is provided under national labour legislation to all citizens. The Committee recalls that experience has shown in many countries that these peoples are especially vulnerable to abuse in the labour field, whatever the legislation may be, and that it requires special measures for their protection "to the extent that they are not effectively protected by laws applicable to workers in general." (Article 20, paragraph 1). Please provide further information on the practical situation in relation to this provision.

8. Other matters. The points raised above represent some aspects of the information the Committee is asking the Government to provide in a detailed report on the implementation in practice of the Convention, taking into account the detailed legislative measures that have been taken or are under consideration.