The Requirement of Consultation With Indigenous Peoples in the ILO: Between Normative Flexibility and Institutional Rigidity

In The Requirement of Consultation with Indigenous Peoples in the ILO, María Victoria Cabrera Ormaza examines the law-making and interpretive practice of the International Labour Organization (ILO) relating to indigenous peoples with a particular focus on the consultation requirement established by Article 6 of ILO Convention No. 169. Taking into account both the mandate and institutional characteristics of the ILO, the author explains how the ILO understands the notion of consultation with indigenous peoples and outlines the flaws in its approach. Through a comprehensive analysis of state practice and human rights jurisprudence concerning indigenous peoples, the author explores the normative impact of ILO Convention No. 169, while revisiting the ILO’s potential to help harmonize different interpretations of the consultation requirement.

María Victoria Cabrera Ormaza, who received her Ph.D. from Göttingen University in 2017, is Professor of Public International Law at Universidad Espíritu Santo-Ecuador. She has worked for the ILO on indigenous issues and has published in the field of indigenous rights.