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Unless noted otherwise, ELAW’s Spanish- and French-language web pages have been automatically translated by Google Translate.

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ILO 169 Indigenous Peoples

Ecuador — Petition challenging constitutionality of Mining Law (17 March 2009) (english translation of CONAIE petition)

Please click on the PDF link above to download the document. CONAIE case challenging Ecuador’s Mining Law (2009) From the petition: 5. Article 57, Section 17 of the Constitution establishes the right of indigenous communes, communities, peoples and nations to…

Matt
May 30, 2013

ILO 169 Indigenous Peoples

Erik Anderson v. The Norwegian State, No. 5B/2001 (5 Oct. 2001) (“Svartskogen” case)

Please click on the .pdf link to download this document. The Norwegian Supreme Court found in favor of the Sami parties, holding that the Sami community had acquired collective ownership to a parcel of land through communal utilization since time…

Matt
May 30, 2013

ILO 169 Indigenous Peoples

Jon Inge Sirum v. Esslan Reindeer Pasturing District, No. 4B/2001 (21 June 2001) (“Selbu” case/Sami herding rights)

Please click on the .pdf link to download this document. This case was originally brought by private landowners against the reindeer pasturing district to resolve whether Sami/Saami herders had the right to pasture reindeer on unenclosed private land. The Norwegian…

Matt
May 30, 2013

ILO 169 Indigenous Peoples

HINGITAQ 53 vs. Denmark, Application No. 18584/04 (decision from European Court of Human Rights as to admissibility of application)

THE FACTS The applicants are 428 individuals from the Thule District in Greenland, and Hingitaq 53, a group that represents the interests of relocated Inughuit (the Thule Tribe) and their descendants in a legal action against the Danish Government. They…

Matt
May 30, 2013

ILO 169 Indigenous Peoples

Supreme Court of Denmark, Decision of November 28, 2003, in cases 489/1999 and 490/1999, Hingitaq 53 v. The Danish Prime Minister’s Office

(This is an excerpt taken from the Danish Supreme Court decision reproduced in the ECHR decision in Hingitaq 53 v. Denmark) In a judgment of 28 November 2003 the Supreme Court unanimously upheld the High Court’s judgment and held as…

Matt
May 30, 2013

ILO 169 Indigenous Peoples

Costa Rica — Exp. 00-000543-0007-CO (espanol) (modifying annulment) (11 November 2000)

(Amending part of the decision No. 08019 of 8 September 2000, in the sense that the invalidity of the Tender No. 1-97 LP to the company MKJ XPLORATION Inc., affects only land Blocks 2 and 4 in the territories that…

Matt
May 30, 2013

Exp. 00-000543-0007-CO (espanol) (annulling offshore oil exploration license awarded by government) (8 September 2000)

(failure to consult with indigenous people prior to issuing oil concession violates due process, respect for fundamental rights of the indigenous peoples concerned, leaving it impossible to be able to defend the natural environment of their land and their right…

Matt
May 30, 2013

ILO 169 Indigenous Peoples

Exp. Nº 4320-P-92 Nº2253-96 (espanol) (indigenous representation on CONAI)

(law constituting board overseeing CONAI is unconstitutional because it is impossible for indigenous peoples have adequate representation that will allow them to effectively influence decisions that will impact them) EXP. Nº 4320-P-92 Nº2253-96 SALA CONSTITUCIONAL DE LA CORTE SUPREMA DE…

Matt
May 30, 2013

ILO 169 Indigenous Peoples

Exp. No. 6667-S-96 Voto No. 3515-97 (CONAI budget) (espanol)

(Costa Rican government violated its duties under articles 2.1, 4, 6 and 33 of ILO Convention No. 169 when it made dramatic cuts in the budget of the agency responsible for overseeing indigenous issues and failed to consult with indigenous groups…