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UPSC MainsANTHROPOLOGY-PAPER-II202410 Marks150 Words
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Q16.

Describe ILO's Convention No. 169 (1989) on Indigenous and Tribal people. Is India a signatory to it?

How to Approach

The question requires a description of ILO Convention No. 169 and India’s stance on it. A good answer will define the convention, outline its key provisions focusing on rights related to land, resources, and participation, and then clearly state whether India is a signatory or not, along with reasons. The answer should be concise, sticking to the 150-word limit, and demonstrate understanding of international labor standards and their relevance to tribal populations.

Model Answer

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Introduction

ILO Convention No. 169, adopted in 1989, is the primary international instrument concerning the rights of Indigenous and Tribal Peoples. It builds upon the earlier Convention No. 107 (1957), reflecting evolving international understanding of indigenous rights. Recognizing the importance of preserving cultures and livelihoods, the convention aims to safeguard the rights of these communities to control their own institutions, land, and natural resources, and to participate in decisions affecting their lives. It’s a crucial framework for promoting social justice and sustainable development for these vulnerable populations globally.

Key Provisions of ILO Convention No. 169

The Convention focuses on several key areas:

  • Land Rights: Recognizes the special importance of land and territories to the cultural survival of indigenous and tribal peoples.
  • Resource Rights: Affirms their rights to participate in the use, management, and conservation of natural resources pertaining to their lands.
  • Consultation & Participation: Mandates consultation with these communities regarding legislative and administrative measures affecting them.
  • Cultural Preservation: Protects their cultures, institutions, and traditional practices.
  • Health & Education: Ensures access to healthcare and education tailored to their specific needs.

India and ILO Convention No. 169

India is not a signatory to ILO Convention No. 169. The primary reason cited by the Indian government is that the concept of ‘Indigenous Peoples’ as defined by the ILO doesn’t align with the Indian context. India recognizes ‘Scheduled Tribes’ as a distinct category under its Constitution, and existing national laws and policies are considered sufficient to protect their rights. However, critics argue that India’s existing framework falls short of the comprehensive protections offered by Convention No. 169, particularly regarding land rights and self-governance.

The Indian government maintains that its constitutional safeguards, like Article 350, and laws like the Forest Rights Act (FRA) 2006, adequately address the concerns raised by the Convention. Nevertheless, concerns persist regarding the implementation of these laws and the continued vulnerability of tribal communities to displacement and marginalization.

Conclusion

ILO Convention No. 169 represents a significant international effort to protect the rights of Indigenous and Tribal Peoples. While India has not ratified the convention, citing its unique constitutional framework, the debate surrounding its adoption highlights the ongoing need to strengthen legal and policy protections for Scheduled Tribes, ensuring their full participation in development processes and safeguarding their cultural heritage. A more comprehensive approach to tribal rights remains a critical challenge for India.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

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Additional Resources

Key Definitions

Indigenous Peoples
Indigenous Peoples are distinct cultural groups with a historical connection to a particular territory, possessing unique languages, cultures, and social systems, often facing marginalization and discrimination.
Scheduled Tribes
As defined by the Indian Constitution, Scheduled Tribes are communities that are officially recognized as indigenous to a particular region of India, facing social and economic disadvantages.

Key Statistics

As of 2023, only 24 countries have ratified ILO Convention No. 169.

Source: ILO website (as of knowledge cutoff)

According to the 2011 Census of India, Scheduled Tribes constitute 8.2% of the total population.

Source: Census of India, 2011

Examples

Amazonian Tribes and Land Rights

The struggle of Indigenous tribes in the Amazon rainforest to protect their ancestral lands from deforestation and exploitation exemplifies the importance of ILO Convention No. 169’s provisions on land rights and consultation.

Frequently Asked Questions

▶Why is India hesitant to ratify ILO Convention No. 169?

India’s primary concern is the definition of ‘Indigenous Peoples’ which it believes doesn’t align with its constitutional recognition of ‘Scheduled Tribes’. It also argues that existing national laws provide adequate protection.

Topics Covered

International RelationsLawTribal StudiesIndigenous RightsInternational Labour StandardsHuman RightsIndian Policy
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