Indigenous Peoples Rights in ILO 169 and UNDRIP

This chapter provides a comprehensive analysis of the international legal framework governing Indigenous peoples’ rights, focusing on the Indigenous and Tribal Peoples Convention, 1989 No. 169 (ILO 169) and the United Nations Declaration on the Rights of Indigenous peoples (UNDRIP). It explores the fundamental principle of free, prior, and informed consent (FPIC) within these instruments and its crucial role in sustainable development. Examining ILO 169, the chapter discusses guidelines related to self-determination, land rights, cultural preservation, and state obligations to cooperate with Indigenous peoples, specifically in the context of Canada’s Indigenous communities. Analysing the UNDRIP, it explores guidelines concerning self-determination, land rights, and states’ duty to obtain FPIC. Emphasizing the significance of consent as a cornerstone of Indigenous rights and sustainable development, the chapter concludes by acknowledging the complexities involved in its practical application. By delving into substantive and procedural aspects of international law, this chapter establishes an understanding of international legal norms in promoting Indigenous rights and facilitating sustainable development.