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Three decades since the ILO’s Convention 169: reflections in light of the experience of the private sector with prior consultation

ABSTRACT Three decades have already passed since the Indigenous and Tribal Peoples Convention 1989 (C169) came into force. It is not a short period of time and in terms of putting it into practice significant experience has been gained especially in Latin America, the region with the highest number of countries that have ratified it: a total of twenty-three (including the most recent, Luxembourg), fourteen of which are Latin American countries. As a result of this, the reflections in this chapter arise predominantly from the implementation in this region, with a special emphasis on the experiences of Chile, Colombia, Peru, Guatemala, Honduras and Costa Rica. Generally, what has occurred in the other countries in this region is that the Convention has simply been ratified, without being officially put into practice by the respective Governments, or without its implementation having been properly demanded, in particular with regard to the prior consultation of the indigenous peoples provided for in article 6 of the Convention.